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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beef Checkoff Modernization Act of
2008''.
SEC. 2. IMPORTERS QUALIFIED BEEF COUNCIL.
(a) Definition of Qualified Beef Council.--
(1) In general.--Section 3 of the Beef Research and
Information Act (7 U.S.C. 2902(14)) is amended by striking
paragraph (14) and inserting the following:
``(14) Qualified beef council.--The term `qualified beef
council' means--
``(A) a beef promotion entity that--
``(i) is authorized by State law or is
otherwise organized and operating within a
State;
``(ii) receives voluntary contributions and
conducts beef promotion, research, and consumer
information programs; and
``(iii) is recognized by the Board as the
beef promotion entity within the State; or
``(B) the importers qualified beef council
established and maintained by the Secretary in
accordance with section 5(1);''.
(2) Conforming amendments.--Section 5 of the Beef Research
and Information Act (7 U.S.C. 2904) is amended--
(A) in paragraph (1), by adding at the end the
following: ``The Secretary shall establish and
maintain, as a subcommittee of the Board, an importers
qualified beef council to promote nondomestic beef or
to pursue any other authorized purpose of a qualified
beef council described in section 3(14)(A).'';
(B) in paragraph (4)(A), by striking ``qualified
State beef'' each place it appears and inserting
``qualified beef''; and
(C) in paragraph (8)--
(i) in subparagraphs (A) and (B), by
striking ``qualified State beef'' each place it
appears and inserting ``qualified beef''; and
(ii) in subparagraph (C)--
(I) in the first sentence, by
inserting ``, of which 50 percent shall
be made available for use by the Board
and 50 percent shall be made available
for use by the importers qualified beef
council established under paragraph
(1)'' after ``Board'';
(II) in the second sentence, by
striking ``plans and projects, as
provided for in paragraph (4)'' and
inserting ``plans, projects, and
activities, in accordance with
paragraphs (4) and (13)''; and
(III) in the fourth sentence, by
striking ``qualified State beef'' and
inserting ``qualified beef''.
(b) Use of Funds.--Section 5 of the Beef Research and Information
Act (7 U.S.C. 2904) is amended by adding at the end the following:
``(13) Use of funds.--
``(A) In general.--The order shall direct that at
least 30 percent of the funds derived from the
assessment of United States producers and made
available for the promotion and marketing of products
derived from cattle be used only for the promotion and
marketing of products derived from cattle exclusively
born and raised in the United States.
``(B) Importers qualified beef council.--The order
shall direct that, of the aggregate amount made
available for use by the importers qualified beef
council under paragraph (4)(C), the importers qualified
beef council shall reserve a percentage of that amount,
to be determined by the importers qualified beef
council, for use--
``(i) to promote products specifically
derived from cattle not born and raised in the
United States; or
``(ii) for any other purpose allowed under
this Act for any other qualified beef
council.''.
SEC. 3. REQUIRED TERMS IN ORDER.
Section 5(6) of the Beef Research and Information Act (7 U.S.C.
2904(6)) is amended in the first sentence--
(1) by striking ``established'' and inserting ``new or
existing''; and
(2) by inserting ``and such other organizations and
entities as the Secretary determines to be appropriate,'' after
``paragraph (4),''.
SEC. 4. REQUIREMENTS OF REFERENDUM.
Section 7(b) of the Beef Research and Information Act (7 U.S.C.
2906(b)) is amended--
(1) by striking ``(b)'' and the first sentence and
inserting the following:
``(b) Additional Referenda To Determine Suspension or Termination
of Order.--
``(1) In general.--Beginning in calendar year 2010 and
every 7 years thereafter, or more frequently during those 7-
year periods, upon the receipt of a petition of a
representative group comprising 10 percent or more of cattle
producers (as determined by the Secretary), the Secretary shall
conduct a referendum--
``(A) to determine whether cattle producers favor
the termination or suspension of the order; and
``(B) to vote on any other amendments to the
order.'';
(2) in the second sentence, by striking ``The Secretary
shall'' and inserting the following:
``(2) Majority vote to suspend or terminate.--The Secretary
shall''; and
(3) by adding at the end the following:
``(3) Additional referenda.--
``(A) In general.--In addition to the referenda
required under subsection (a) and paragraph (1), not
later than 1 year after any proposed amendments to the
order, the Secretary shall conduct a referendum for the
specific amendments to determine whether cattle
producers favor the termination or suspension of the
amendments.
``(B) Requirements.--Except as provided in
subparagraph (C), the specific amendments that are the
subject of a referendum under subparagraph (A) shall be
considered individually.
``(C) Single purpose.--Multiple amendments may be
considered jointly if the amendments are relevant to a
single purpose, including amendments relating to
changes--
``(i) in the assessment level;
``(ii) to the contracting requirements;
``(iii) in oversight, administration, and
organizational structure; or
``(iv) to collection or allocation of
proceeds.
``(D) Effective date.--An amendment approved under
a referendum under subparagraph (A) shall take effect
beginning on the date that is 180 days after the
amendment receives the majority approval of the
producers voting in the referendum.''. | Beef Checkoff Modernization Act of 2008 - Amends the Beef Research and Information Act to direct the Secretary of Agriculture to establish and maintain (as a subcommittee of the Cattlemen's Beef Promotion and Research Board) an importers qualified beef council to promote nondomestic beef or to pursue any other authorized purpose of a qualified beef council.
Replaces the definition of "qualified state beef council" with a definition of "qualified beef council" that includes an importers qualified beef council.
Requires a beef promotion and research order to provide that: (1) at least 30% of U.S. producer assessments be made available to promote and market products derived from cattle born and raised in the United States; and (2) the importers qualified beef council reserve a percentage of its funds to promote products derived from cattle not born and raised in the United States, or for any other purpose allowed under this Act for any other qualified beef council.
Requires the Secretary, beginning in 2010 and at least every seven years thereafter, upon receipt of a petition of a group comprising 10% or more of cattle producers, to conduct a referendum to: (1) determine whether cattle producers favor the termination or suspension of the order; and (2) vote on any other amendments to the order. | {"src": "billsum_train", "title": "A bill to amend the Beef Research and Information Act to allow the promotion of beef that is born and raised exclusively in the United States, allow the establishment of an importers qualified beef council to promote nondomestic beef, and to establish new referendum requirements."} | 1,446 | 277 | 0.648469 | 1.86113 | 0.834653 | 3.860656 | 5.368852 | 0.909836 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Non-Discrimination Act of
2013''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Public school students who are lesbian, gay, bisexual,
or transgender (referred to in this Act as ``LGBT''), or are
perceived to be LGBT, or who associate with LGBT people, have
been and are subjected to pervasive discrimination, including
harassment, bullying, intimidation, and violence, and have been
deprived of equal educational opportunities, in schools in
every part of the Nation.
(2) While discrimination of any kind is harmful to students
and to the education system, actions that target students based
on sexual orientation or gender identity represent a distinct
and severe problem that remains inadequately addressed by
current Federal law.
(3) Numerous social science studies demonstrate that
discrimination at school has contributed to high rates of
absenteeism, academic underachievement, dropping out, and
adverse physical and mental health consequences among LGBT
youth.
(4) When left unchecked, discrimination in schools based on
sexual orientation or gender identity can lead, and has led, to
life-threatening violence and to suicide.
(5) Public school students enjoy a variety of
constitutional rights, including rights to equal protection,
privacy, and free expression, which are infringed when school
officials engage in or fail to take prompt and effective action
to stop discrimination on the basis of sexual orientation or
gender identity.
(6) Provisions of Federal statutory law expressly prohibit
discrimination on the basis of race, color, sex, religion,
disability, and national origin. The Department of Education
and the Department of Justice, as well as numerous courts, have
correctly interpreted the prohibitions on sex discrimination to
include discrimination based on sex stereotypes and gender
identity, even when that sex-based discrimination coincides or
overlaps with discrimination based on sexual orientation.
However, the absence of express Federal law prohibitions on
discrimination on the basis of sexual orientation and gender
identity has created unnecessary uncertainty that risks
limiting access to legal remedies under Federal law for LGBT
students and their parents.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that all students have access to public
education in a safe environment free from discrimination,
including harassment, bullying, intimidation, and violence, on
the basis of sexual orientation or gender identity;
(2) to provide a comprehensive Federal prohibition of
discrimination in public schools based on actual or perceived
sexual orientation or gender identity;
(3) to provide meaningful and effective remedies for
discrimination in public schools based on actual or perceived
sexual orientation or gender identity;
(4) to invoke congressional powers, including the power to
enforce the 14th Amendment to the Constitution and to provide
for the general welfare pursuant to section 8 of article I of
the Constitution and the power to make all laws necessary and
proper for the execution of the foregoing powers pursuant to
section 8 of article I of the Constitution, in order to
prohibit discrimination in public schools on the basis of
sexual orientation or gender identity; and
(5) to allow the Department of Education and the Department
of Justice to effectively combat discrimination based on sexual
orientation and gender identity in public schools, through
regulation and enforcement, as the Departments have issued
regulations under and enforced title IX of the Education
Amendments of 1972 and other nondiscrimination laws in a manner
that effectively addresses discrimination.
SEC. 3. DEFINITIONS AND RULE.
(a) Definitions.--For purposes of this Act:
(1) Educational agency.--The term ``educational agency''
means a local educational agency, an educational service
agency, or a State educational agency, as those terms are
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, or mannerisms or other
gender-related characteristics of an individual, with or
without regard to the individual's designated sex at birth.
(3) Harassment.--The term ``harassment'' means conduct that
is sufficiently severe, persistent, or pervasive to limit or
interfere with a student's ability to participate in or benefit
from a program or activity of a public school or educational
agency, including acts of verbal, nonverbal, or physical
aggression, intimidation, or hostility, if such conduct is
based on--
(A) a student's actual or perceived sexual
orientation or gender identity; or
(B) the actual or perceived sexual orientation or
gender identity of a person with whom a student
associates or has associated.
(4) Program or activity.--The terms ``program or activity''
and ``program'' have the same meanings given such terms as
applied under section 606 of the Civil Rights Act of 1964 (42
U.S.C. 2000d-4a) to the operations of public entities under
paragraph (2)(B) of such section.
(5) Public school.--The term ``public school'' means an
elementary school (as the term is defined in section 9101 of
the Elementary and Secondary Education Act of 1965) that is a
public institution, and a secondary school (as so defined) that
is a public institution.
(6) Sexual orientation.--The term ``sexual orientation''
means homosexuality, heterosexuality, or bisexuality.
(7) Student.--The term ``student'' means an individual
within the age limits for which the State provides free public
education who is enrolled in a public school or who, regardless
of official enrollment status, attends classes or participates
in the programs or activities of a public school or local
educational agency.
(b) Rule.--Consistent with Federal law, in this Act the term
``includes'' means ``includes but is not limited to''.
SEC. 4. PROHIBITION AGAINST DISCRIMINATION.
(a) In General.--No student shall, on the basis of actual or
perceived sexual orientation or gender identity of such individual or
of a person with whom the student associates or has associated, be
excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving
Federal financial assistance.
(b) Harassment.--For purposes of this Act, discrimination includes
harassment of a student on the basis of actual or perceived sexual
orientation or gender identity of such student or of a person with whom
the student associates or has associated.
(c) Retaliation Prohibited.--
(1) Prohibition.--No person shall be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination, retaliation, or reprisal under any program or
activity receiving Federal financial assistance based on the
person's opposition to conduct made unlawful by this Act.
(2) Definition.--For purposes of this subsection,
``opposition to conduct made unlawful by this Act'' includes--
(A) opposition to conduct believed to be made
unlawful by this Act or conduct that could be believed
to become unlawful under this Act if allowed to
continue;
(B) any formal or informal report, whether oral or
written, to any governmental entity, including public
schools and educational agencies and employees of the
public schools or educational agencies, regarding
conduct made unlawful by this Act, conduct believed to
be made unlawful by this Act, or conduct that could be
believed to become unlawful under this Act if allowed
to continue;
(C) participation in any investigation, proceeding,
or hearing related to conduct made unlawful by this
Act, conduct believed to be made unlawful by this Act,
or conduct that could be believed to become unlawful
under this Act if allowed to continue; and
(D) assistance or encouragement provided to any
other person in the exercise or enjoyment of any right
granted or protected by this Act,
if in the course of that expression, the person involved does
not purposefully provide information known to be false to any
public school or educational agency or other governmental
entity regarding conduct made unlawful by this Act, or conduct
believed to be made unlawful by this Act, or conduct that could
be believed to become unlawful under this Act if allowed to
continue.
SEC. 5. FEDERAL ADMINISTRATIVE ENFORCEMENT; REPORT TO CONGRESSIONAL
COMMITTEES.
(a) Requirements.--Each Federal department and agency which is
empowered to extend Federal financial assistance to any education
program or activity, by way of grant, loan, or contract other than a
contract of insurance or guaranty, is authorized and directed to
effectuate the provisions of section 4 with respect to such program or
activity by issuing rules, regulations, or orders of general
applicability which shall be consistent with achievement of the
objectives of the statute authorizing the financial assistance in
connection with which the action is taken. No such rule, regulation, or
order shall become effective unless and until approved by the
President.
(b) Enforcement.--Compliance with any requirement adopted pursuant
to this section may be effected--
(1) by the termination of or refusal to grant or to
continue assistance under such program or activity to any
recipient as to whom there has been an express finding on the
record, after opportunity for hearing, of a failure to comply
with such requirement, but such termination or refusal shall be
limited to the particular political entity, or part thereof, or
other recipient as to whom such a finding has been made, and
shall be limited in its effect to the particular program, or
part thereof, in which such noncompliance has been so found; or
(2) by any other means authorized by law,
except that no such action shall be taken until the department or
agency concerned has advised the appropriate person or persons of the
failure to comply with the requirement and has determined that
compliance cannot be secured by voluntary means.
(c) Reports.--In the case of any action terminating, or refusing to
grant or continue, assistance because of failure to comply with a
requirement imposed pursuant to this section, the head of the Federal
department or agency shall file with the committees of the House of
Representatives and Senate having legislative jurisdiction over the
program or activity involved a full written report of the circumstances
and the grounds for such action. No such action shall become effective
until 30 days have elapsed after the filing of such report.
SEC. 6. PRIVATE CAUSE OF ACTION.
(a) Private Cause of Action.--Subject to subsection (c), and
consistent with the cause of action recognized under title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), an aggrieved
individual may bring an action in a court of competent jurisdiction,
asserting a violation of this Act. Aggrieved individuals may be awarded
all appropriate relief, including equitable relief, compensatory
damages, and costs of the action.
(b) Rule of Construction.--This section shall not be construed to
preclude an aggrieved individual from obtaining remedies under any
other provision of law or to require such individual to exhaust any
administrative complaint process or notice of claim requirement before
seeking redress under this section.
(c) Statute of Limitations.--For actions brought pursuant to this
section, the statute of limitations period shall be determined in
accordance with section 1658(a) of title 28, United States Code. The
tolling of any such limitations period shall be determined in
accordance with the law governing actions under section 1979 of the
Revised Statutes (42 U.S.C. 1983) in the State in which the action is
brought.
SEC. 7. CAUSE OF ACTION BY THE ATTORNEY GENERAL.
The Attorney General is authorized to institute for or in the name
of the United States a civil action for a violation of this Act in any
appropriate district court of the United States against such parties
and for such relief as may be appropriate, including equitable relief
and compensatory damages. Whenever a civil action is instituted for a
violation of this Act, the Attorney General may intervene in such
action upon timely application and shall be entitled to the same relief
as if the Attorney General had instituted the action. Nothing in this
Act shall adversely affect the right of any person to sue or obtain
relief in any court for any activity that violates this Act, including
regulations promulgated pursuant to this Act.
SEC. 8. STATE IMMUNITY.
(a) State Immunity.--A State shall not be immune under the 11th
Amendment to the Constitution from suit in Federal court for a
violation of this Act.
(b) Waiver.--A State's receipt or use of Federal financial
assistance for any program or activity of a State shall constitute a
waiver of sovereign immunity, under the 11th Amendment or otherwise, to
a suit brought by an aggrieved individual for a violation of section 4.
(c) Remedies.--In a suit against a State for a violation of this
Act, remedies (including remedies both at law and in equity) are
available for such a violation to the same extent as such remedies are
available for such a violation in the suit against any public or
private entity other than a State.
SEC. 9. ATTORNEY'S FEES.
Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is
amended by inserting ``the Student Non-Discrimination Act of 2013,''
after ``Religious Land Use and Institutionalized Persons Act of
2000,''.
SEC. 10. EFFECT ON OTHER LAWS.
(a) Federal and State Nondiscrimination Laws.--Nothing in this Act
shall be construed to preempt, invalidate, or limit rights, remedies,
procedures, or legal standards available to victims of discrimination
or retaliation, under any other Federal law or law of a State or
political subdivision of a State, including titles IV and VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000c et seq., 2000d et seq.),
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.),
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or
section 1979 of the Revised Statutes (42 U.S.C. 1983). The obligations
imposed by this Act are in addition to those imposed by titles IV and
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq., 2000d et
seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.),
and section 1979 of the Revised Statutes (42 U.S.C. 1983).
(b) Free Speech and Expression Laws and Religious Student Groups.--
Nothing in this Act shall be construed to alter legal standards
regarding, or affect the rights available to individuals or groups
under, other Federal laws that establish protections for freedom of
speech and expression, such as legal standards and rights available to
religious and other student groups under the First Amendment and the
Equal Access Act (20 U.S.C. 4071 et seq.).
SEC. 11. SEVERABILITY.
If any provision of this Act, or any application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and the application of the provision to any
other person or circumstance shall not be impacted.
SEC. 12. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of enactment of
this Act and shall not apply to conduct occurring before the effective
date of this Act. | Student Non-Discrimination Act of 2013 - Prohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates. Considers harassment to be a form of discrimination. Prohibits retaliation against anyone for opposing conduct made unlawful under this Act. Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them. Allows an aggrieved individual to assert a violation of this Act in a judicial proceeding and recover reasonable attorney's fees should they prevail. Authorizes the Attorney General to institute a civil action in any appropriate U.S. district court for a violation of this Act. Deems a state's receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this Act regarding such program. | {"src": "billsum_train", "title": "Student Non-Discrimination Act of 2013"} | 3,588 | 222 | 0.44708 | 1.229487 | 0.949298 | 2.239766 | 18.695906 | 0.824561 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Oil Spills Act'' or the ``SOS
Act''.
SEC. 2. OFFSHORE DRILLING SAFETY TECHNOLOGY DEVELOPMENT.
(a) Subtitle J of title IX of the Energy Policy Act of 2005 (42
U.S.C. 16371-16378) is amended to read as follows:
``Subtitle J--Offshore Drilling Safety Technology Development
``SEC. 999. INNOVATIVE OFFSHORE DRILLING SAFETY TECHNOLOGY PROGRAM.
``(a) Definitions.--For purposes of this section:
``(1) Advisory committee.--The term `Advisory Committee'
means the SOS Fund Technical Advisory Committee established
under subsection (f).
``(2) Award.--The term `award' means a grant, contract, or
cooperative agreement.
``(3) Blowout preventer.--The term `blowout preventer'
means a device installed on an offshore well that uses one or
more valves, rams, or preventers to control or stop any
otherwise uncontrolled flow of hydrocarbons or drilling fluids
from the well.
``(4) Deepwater.--The term `deepwater' means a water depth
that is greater than 200 but less than 1,500 meters.
``(5) Fund.--The term `Fund' means the Safety and Offshore
Spills (SOS) Fund established under subsection (g).
``(6) Remotely operated vehicle.--The term `remotely
operated vehicle' means a remotely controlled unmanned
submersible vehicle, used to inspect, control, or perform
operations on a blowout preventer or other subsea drilling
equipment.
``(7) Secondary control system.--The term `secondary
control system' means a system, such as a deadman, autoshear,
or acoustic switch, designed to activate blowout preventer
components to shut in an offshore well in the event of an
emergency event such as a loss of communication with or power
to the blowout preventer.
``(8) Ultra-deepwater.--The term `ultra-deepwater' means a
water depth that is equal to or greater than 1,500 meters.
``(b) Program Establishment.--Not later than 180 days after the
date of enactment of this section, the Secretary, in consultation with
the Secretary of Interior, shall establish a program, in accordance
with the requirements of this section, to provide awards to support the
development, demonstration, and commercialization of innovative
technologies to prevent, stop, or capture large-scale accidental
discharges of oil or other hydrocarbons from offshore oil and gas
drilling operations, including deepwater and ultra-deepwater
operations.
``(c) Focus Areas for Awards.--Awards provided under this section
shall focus on new technologies or innovative improvements to existing
technologies, including--
``(1) blowout preventers;
``(2) secondary control systems;
``(3) remotely operated vehicles; and
``(4) prefabricated systems or technologies to stop or
capture a large-scale hydrocarbon discharge from an offshore
well, at or near the source of such discharge, in the event of
the failure of a blowout preventer.
``(d) Project Selection.--The Secretary shall issue solicitations
for applications for awards under this section and shall select
projects for awards, on a competitive basis, based on--
``(1) potential for commercialization of the relevant
technology;
``(2) potential to enhance industry's capacity to prevent,
stop, or contain a large-scale accidental discharge of oil or
other hydrocarbons from offshore drilling operations; and
``(3) such other factors as the Secretary may prescribe.
``(e) Annual Plan.--
``(1) In general.--The program under this section shall be
carried out pursuant to annual plans prepared by the Secretary
in accordance with the requirements of this subsection, which
shall describe the ongoing and prospective activities of the
program under this section.
``(2) Outside bodies.--In formulating each annual plan
under this subsection, the Secretary shall--
``(A) solicit and take into consideration
recommendations from the Advisory Committee; and
``(B) take into consideration the needs identified
and recommendations set forth by any independent
commission established by the President to investigate
the Deepwater Horizon oil spill and by the Interagency
Coordinating Committee on Oil Pollution Research
established pursuant to section 7001 of the Oil
Pollution Act of 1990 (33 U.S.C. 2761).
``(3) Publication.--Not later than November 30 of 2010 and
each calendar year thereafter through 2016, the Secretary shall
transmit to Congress and publish on the Internet the annual
plan for the succeeding year, together with the recommendations
provided by the Advisory Committee with regard to such plan.
``(f) Technical Advisory Committee.--
``(1) Establishment.--Not later than 60 days after the date
of enactment of this section, the Secretary shall establish an
independent advisory committee to be known as the SOS Fund
Technical Advisory Committee.
``(2) Membership.--The Advisory Committee shall consist of
at least 9 members. Each member shall have extensive research
or operational knowledge of safety technologies associated with
offshore oil and gas exploration and production. The Secretary
shall appoint Advisory Committee members, including a chair and
vice-chair of the Advisory Committee. Terms shall be 3 years in
length, except for initial terms, which may be up to 5 years in
length to allow staggering. Members may be reappointed only
once for an additional 3-year term.
``(3) Duties.--The Advisory Committee shall advise the
Secretary on the development and implementation of programs
under this section, including by reviewing and providing
recommendations with regard to each annual plan under
subsection (e).
``(4) Compensation.--A member of the Advisory Committee
shall serve without compensation but shall receive travel
expenses in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
``(g) Funding.--
``(1) Fund.--There is hereby established in the Treasury of
the United States a separate fund to be known as the Safety and
Offshore Spill (SOS) Fund.
``(2) Oil and gas lease income.--For each of fiscal years
2011 through 2017, from any Federal royalties, rents, and
bonuses derived from Federal onshore and offshore oil and gas
leases issued under the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) which are deposited in the Treasury, and
after distribution of any such funds as described in paragraph
(3), $50,000,000 shall be deposited into the Fund.
``(3) Prior distributions.--The distributions described in
paragraph (2) are those required by law--
``(A) to States and to the Reclamation Fund under
the Mineral Leasing Act (30 U.S.C. 191(a)); and
``(B) to other funds receiving monies from Federal
oil and gas leasing programs, including--
``(i) any recipients pursuant to section
8(g) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1337(g));
``(ii) the Land and Water Conservation
Fund, pursuant to section 2(c) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C.
4601-5(c));
``(iii) the Historic Preservation Fund,
pursuant to section 108 of the National
Historic Preservation Act (16 U.S.C. 470h); and
``(iv) the coastal impact assistance
program established under section 31 of the
Outer Continental Shelf Lands Act (43 U.S.C.
1356a).
``(4) Obligation authority.--Monies in the Fund shall be
available to the Secretary for obligation, or to cover the
Secretary's costs of administering the program in accordance
with the limitation in paragraph (5), under this section
without fiscal year limitation, to remain available until
expended.
``(5) Administrative costs.--For each of fiscal years 2011
through 2017, the Secretary may use not more than 5 percent of
the monies deposited in the Fund to cover the Secretary's costs
of administering the program under this section.''.
(b) Conforming Amendment.--The items relating to subtitle J of
title IX in the table of contents of the Energy Policy Act of 2005 are
amended to read as follows:
``Subtitle J--Offshore Drilling Safety Technology Development
``Sec. 999. Innovative offshore drilling safety technology program.''. | Stop Oil Spills Act or the SOS Act - Amends the Energy Policy Act of 2005 to revise provisions concerning ultra-deepwater and unconventional natural gas and other petroleum resources.
Directs the Secretary of Energy (DOE) to establish: (1) a program of awards to support the development, demonstration, and commercialization of innovative technologies to prevent, stop, or capture large-scale accidental discharges of oil or other hydrocarbons from offshore oil and gas drilling operations, including deepwater and ultra-deepwater operations; and (2) an independent SOS Fund Technical Advisory Committee to advise on the development and implementation of programs under this Act.
Requires the awards to focus on new technologies or innovative improvements to existing technologies, including: (1) blowout preventers; (2) secondary control systems; (3) remotely operated vehicles; and (4) prefabricated systems or technologies to stop or capture a large-scale discharge from an offshore well, at or near the source of such discharge, in the event of failure of a blowout preventer.
Establishes in the Treasury a Safety and Offshore Spill (SOS) Fund into which shall be transferred, for each of FY2011-FY2017, $50 million from amounts of federal royalties, rents, and bonuses derived from federal onshore and offshore oil and gas leases issued under the Outer Continental Shelf Lands Act that are deposited in the Treasury. | {"src": "billsum_train", "title": "To provide for the establishment of a program to support the development, demonstration, and commercialization of innovative technologies to prevent, stop, or capture large-scale accidental discharges of oil or other hydrocarbons from offshore oil and gas drilling operations, including deepwater and ultra-deepwater operations, and for other purposes."} | 1,908 | 297 | 0.636043 | 1.97115 | 0.734907 | 6.015152 | 6.443182 | 0.931818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Tax Relief Act of 1999''.
SEC. 2. REPEAL OF 1993 INCREASE IN TAX ON SOCIAL SECURITY BENEFITS.
(a) In General.--Paragraph (2) of section 86(a) of the Internal
Revenue Code of 1986 (relating to social security and tier 1 railroad
retirement benefits) is amended by adding at the end the following new
sentence:
``This paragraph shall not apply to any taxable year beginning
after December 31, 1998.''
(b) Conforming Amendments.--
(1) Paragraph (3) of section 871(a) of such Code is amended
by striking ``85 percent'' in subparagraph (A) and inserting
``50 percent''.
(2)(A) Subparagraph (A) of section 121(e)(1) of the Social
Security Amendments of 1983 (Public Law 98-21) is amended--
(i) by striking ``(A) There'' and inserting
``There'';
(ii) by striking ``(i)'' immediately following
``amounts equivalent to''; and
(iii) by striking ``, less (ii)'' and all that
follows and inserting a period.
(B) Paragraph (1) of section 121(e) of such Act is amended
by striking subparagraph (B).
(C) Paragraph (3) of section 121(e) of such Act is amended
by striking subparagraph (B) and by redesignating subparagraph
(C) as subparagraph (B).
(D) Paragraph (2) of section 121(e) of such Act is amended
in the first sentence by striking ``paragraph (1)(A)'' and
inserting ``paragraph (1)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
SEC. 3. REMOVAL OF LIMITATION UPON THE AMOUNT OF OUTSIDE INCOME WHICH A
SOCIAL SECURITY BENEFICIARY MAY EARN WHILE RECEIVING
BENEFITS.
(a) Repeal of Provisions Relating to Deductions on Account of
Work.--
(1) In general.--Subsections (b), (c)(1), (d), (f), (h),
(j), and (k) of section 203 of the Social Security Act (42
U.S.C. 403) are repealed.
(2) Conforming amendments.--Section 203 of such Act (as
amended by subsection (a)) is further amended--
(A) in subsection (c), by redesignating such
subsection as subsection (b), and--
(i) by striking ``Noncovered Work Outside
the United States or'' in the heading;
(ii) by redesignating paragraphs (2), (3),
and (4) as paragraphs (1), (2), and (3),
respectively;
(iii) by striking ``For purposes of
paragraphs (2), (3), and (4)'' and inserting
``For purposes of paragraphs (1), (2), and
(3)''; and
(iv) by striking the last sentence;
(B) in subsection (e), by redesignating such
subsection as subsection (c), and by striking
``subsections (c) and (d)'' and inserting ``subsection
(b)'';
(C) in subsection (g), by redesignating such
subsection as subsection (d), and by striking
``subsection (c)'' each place it appears and inserting
``subsection (b)''; and
(D) in subsection (l), by redesignating such
subsection as subsection (e), and by striking
``subsection (g) or (h)(1)(A)'' and inserting
``subsection (d)''.
(b) Additional Conforming Amendments.--
(1) Provisions relating to benefits terminated upon
deportation.--Section 202(n)(1) of the Social Security Act (42
U.S.C. 402(n)(1)) is amended by striking ``Section 203 (b),
(c), and (d)'' and inserting ``Section 203(b)''.
(2) Provisions relating to exemptions from reductions based
on early retirement.--
(A) Section 202(q)(5)(B) of such Act (42 U.S.C.
402(q)(5)(B)) is amended by striking ``section
203(c)(2)'' and inserting ``section 203(b)(1)''.
(B) Section 202(q)(7)(A) of such Act (42 U.S.C.
402(q)(7)(A)) is amended by striking ``deductions under
section 203(b), 203(c)(1), 203(d)(1), or 222(b)'' and
inserting ``deductions on account of work under section
203 or deductions under section 222(b)''.
(3) Provisions relating to exemptions from reductions based
on disregard of certain entitlements to child's insurance
benefits.--
(A) Section 202(s)(1) of such Act (42 U.S.C.
402(s)(1)) is amended by striking ``paragraphs (2),
(3), and (4) of section 203(c)'' and inserting
``paragraphs (1), (2), and (3) of section 203(b)''.
(B) Section 202(s)(3) of such Act (42 U.S.C.
402(s)(3)) is amended by striking ``The last sentence
of subsection (c) of section 203, subsection (f)(1)(C)
of section 203, and subsections'' and inserting
``Subsections''.
(4) Provisions relating to suspension of aliens'
benefits.--Section 202(t)(7) of such Act (42 U.S.C. 402(t)(7))
is amended by striking ``Subsections (b), (c), and (d)'' and
inserting ``Subsection (b)''.
(5) Provisions relating to benefits increased on account of
delayed retirement.--Section 202(w)(2)(B)(ii) of such Act (42
U.S.C. 402(w)(2)(B)(ii)) is amended by striking ``or 203(c)''.
(6) Provisions relating to reductions in benefits based on
maximum benefits.--Section 203(a)(3)(B)(iii) of such Act (42
U.S.C. 403(a)(3)(B)(iii)) is amended by striking ``and
subsections (b), (c), and (d)'' and inserting ``and subsection
(b)''.
(7) Provisions relating to penalties for misrepresentations
concerning earnings for periods subject to deductions on
account of work.--Section 208(a)(1)(C) of such Act (42 U.S.C.
408(a)(1)(C)) is amended by striking ``under section 203(f) of
this title for purposes of deductions from benefits'' and
inserting ``under section 203 for purposes of deductions from
benefits on account of work''.
(8) Provisions taking into account earnings in determining
benefit computation years.--Clause (I) in the next to last
sentence of section 215(b)(2)(A) of such Act (42 U.S.C.
415(b)(2)(A)) is amended by striking ``no earnings as described
in section 203(f)(5) in such year'' and inserting ``no wages,
and no net earnings from self-employment (in excess of net loss
from self-employment), in such year''.
(9) Provisions relating to rounding of benefits.--Section
215(g) of such Act (42 U.S.C. 415(g)) is amended by striking
``and any deduction under section 203(b)''.
(10) Provisions relating to earnings taken into account in
determining substantial gainful activity of blind
individuals.--The second sentence of section 223(d)(4) of such
Act (42 U.S.C. 423(d)(4)) is amended by striking ``if section
102 of the Senior Citizens' Right to Work Act of 1996 had not
been enacted'' and inserting the following: ``if the amendments
to section 203 made by section 102 of the Senior Citizens'
Right to Work Act of 1996 and by section 3 of the Senior Tax
Relief Act of 1999 had not been enacted''.
(11) Provisions defining income for purposes of SSI.--
Section 1612(a) of such Act (42 U.S.C. 1382a(a)) is amended--
(A) by striking ``as determined under section
203(f)(5)(C)'' in paragraph (1)(A) and inserting ``as
defined in the last two sentences of this subsection'';
and
(B) by adding at the end (after and below paragraph
(2)(F)) the following new sentences:
``For purposes of paragraph (1)(A), the term `wages' means wages as
defined in section 209, but computed without regard to the limitations
as to amounts of remuneration specified in paragraphs (1), (6)(B),
(6)(C), (7)(B), and (8) of section 209(a). In making the computation
under the preceding sentence, (A) services which do not constitute
employment as defined in section 210, performed within the United
States by an individual as an employee or performed outside the United
States in the active military or naval services of the United States,
shall be deemed to be employment as so defined if the remuneration for
such services is not includible in computing the individual's net
earnings or net loss from self-employment for purposes of title II, and
(B) the term `wages' shall be deemed not to include (i) the amount of
any payment made to, or on behalf of, an employee or any of his or her
dependents (including any amount paid by an employer for insurance or
annuities, or into a fund, to provide for any such payment) on account
of retirement, or (ii) any payment or series of payments by an employer
to an employee or any of his or her dependents upon or after the
termination of the employee's employment relationship because of
retirement after attaining an age specified in a plan referred to in
section 209(m)(2) or in a pension plan of the employer.''.
(12) Repeal of deductions on account of work under the
railroad retirement program.--Section 2 of the Railroad
Retirement Act of 1974 (45 U.S.C. 231a) is amended by striking
subsections (f) and (g)(2).
(c) Effective Date.--The amendments and repeals made by this
section shall apply with respect to taxable years ending on or after
the date of the enactment of this Act.
SEC. 4. REPEAL OF ESTATE AND GIFT TAXES.
(a) In General.--Subtitle B of the Internal Revenue Code of 1986
(relating to estate, gift, and generation-skipping taxes) is hereby
repealed.
(b) Effective Date.--The repeal made by subsection (a) shall apply
to estates of decedents dying, and transfers made, after the date of
the enactment of this Act. | Senior Tax Relief Act of 1999 - Amends the Internal Revenue Code (IRC) to repeal the tax increase on social security benefits enacted by the Revenue Reconciliation Act of 1993.
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn (earnings test) without incurring a reduction in benefits.
Amends the IRC to repeal the estate tax, gift tax, and the tax on generation-skipping transfers. | {"src": "billsum_train", "title": "Senior Tax Relief Act of 1999"} | 2,651 | 121 | 0.500854 | 1.148871 | 0.564719 | 2.383838 | 21.555556 | 0.868687 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate Politics Transparency
Act''.
SEC. 2. DISCLOSURE TO SHAREHOLDERS OF CERTAIN POLITICAL EXPENDITURES.
(a) Quarterly and Annual Reports.--Section 13 of the Securities
Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end
the following new subsection:
``(m) Disclosure of Certain Political Expenditures.--
``(1) Disclosure required.--Each quarterly and annual
report required under this section or section 15(d) shall
include a disclosure of the total of any political expenditures
in support of or in opposition to any candidate for Federal,
State, or local public office made by the issuer during the
preceding 6-year period. Such disclosures shall contain, at
minimum, the name and political party affiliation of each
candidate in support of whom or in opposition to whom a
political expenditure was made, the amount of each such
expenditure, the public office that such candidate was or is
seeking, including the relevant State, city, or district, and a
statement of the issuer's interest in and reason for making
such expenditure.
``(2) Definition.--For purposes of this subsection, the
term `political expenditure in support of or in opposition to
any candidate for Federal, State, or local public office' means
an expenditure or series of expenditures totaling more than
$10,000 for any single candidate during any single election
that--
``(A) is an independent expenditure as such term is
defined in section 301(17) of the Federal Election
Campaign Act of 1971 or is relating to a candidate for
State or local public office that would be treated as
an independent expenditure under such Act if the
candidate were a candidate for Federal public office;
``(B) is an electioneering communication, as such
term is defined in section 304(f)(3) of such Act (2
U.S.C. 434(f)(3)); or
``(C) dues or other payments to any other
organization that are, or could reasonably be
anticipated to be, used or transferred to another
association or organization for the purposes described
in subparagraph (A) or (B).''.
(b) Proxies.--Section 14 of the Securities Exchange Act of 1934 (15
U.S.C. 78n) is amended by adding at the end the following new
subsection:
``(i) Disclosure to Shareholders of Political Expenditures.--Any
solicitation of any proxy or consent or authorization in respect of any
security of an issuer shall contain a disclosure of the total of any
political expenditures in support of or in opposition to any candidate
for Federal, State, or local public office made by the issuer during
the preceding 6-year period. Such disclosure must be clear and
conspicuous and, at minimum, contain the name and political party
affiliation of each candidate in support of whom or in opposition to
whom a political expenditure was made, the amount of each such
expenditure, the public office that such candidate was or is seeking,
including the relevant State, city, or district, and a statement of the
issuer's interest in and reason for making such expenditure. For
purposes of this subsection, the term `political expenditure in support
of or in opposition to any candidate for Federal, State, or local
public office' has the meaning given such term in section 13(m)(2).''.
(c) Registration Statements.--Section 7 of the Securities Act of
1933 (15 U.S.C. 77g) is amended by adding at the end the following:
``(c) The registration statement shall also contain a disclosure of
any political expenditures in support of or in opposition to any
candidate for Federal, State, or local public office made by the issuer
during the preceding 6-year period. Such disclosure shall contain, at
minimum, the name and political party affiliation of each candidate in
support of whom or in opposition to whom a political expenditure was
made, the amount of each such expenditure, the public office that such
candidate was or is seeking, including the relevant State, city, or
district, and a statement of the issuer's interest in and reason for
making such expenditure. For purposes of this subsection, the term
`political expenditure in support of or in opposition to any candidate
for Federal, State, or local public office' has the meaning given such
term in section 13(m)(2) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(m)(3)).''.
(d) Modification of Forms.--The Securities and Exchange Commission
shall make such modifications to any forms made available by the
Commission to facilitate the disclosures required by the amendments
made by this Act. | Corporate Politics Transparency Act - Amends the Securities Exchange Act of 1934 to require that quarterly and annual reports of an issuer, any proxy solicitation or consent or authorization in respect of any security, and the issuer's registration statement disclose total political expenditures in support of or in opposition to any candidate for federal, state, or local public office made by the issuer during the preceding six-year period.
Requires such disclosures to include: (1) the name and political party affiliation of each candidate in support of whom or in opposition to whom a political expenditure was made; (2) the amount of each such expenditure; (3) the public office that such candidate was or is seeking; (4) the relevant state, city, or district; and (5) a statement of the issuer's interest in and reason for making such expenditure. | {"src": "billsum_train", "title": "To amend the securities laws to require that registration statements, quarterly and annual reports, and proxy solicitations of public companies include a disclosure to shareholders of any expenditure made by that company in support of or in opposition to any candidate for Federal, State, or local public office."} | 1,051 | 178 | 0.658174 | 1.79362 | 0.94854 | 6.569697 | 5.739394 | 0.945455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancing Critical Connectivity
Expands Service, Small Business Resources, Opportunities, Access, and
Data Based on Assessed Need and Demand Act'' or the ``ACCESS BROADBAND
Act''.
SEC. 2. ESTABLISHMENT OF THE OFFICE OF INTERNET CONNECTIVITY AND
GROWTH.
Not later than 180 days after the date of the enactment of this
Act, the Assistant Secretary shall establish the Office of Internet
Connectivity and Growth within the National Telecommunications and
Information Administration.
SEC. 3. DUTIES.
(a) Outreach.--The Office shall--
(1) connect with communities that need access to high-speed
internet and improved digital inclusion efforts through various
forms of outreach and communication techniques;
(2) hold regional workshops across the country to share
best practices and effective strategies for promoting broadband
access and adoption;
(3) develop targeted broadband training and presentations
for various demographic communities through various media; and
(4) develop and distribute publications (including
toolkits, primers, manuals, and white papers) providing
guidance, strategies, and insights to communities as the
communities develop strategies to expand broadband access and
adoption.
(b) Tracking of Federal Dollars.--
(1) Broadband infrastructure.--The Office shall track the
construction and use of and access to any broadband
infrastructure built using any Federal support in a central
database.
(2) Accounting mechanism.--The Office shall develop a
streamlined accounting mechanism by which any agency offering a
Federal broadband support program and the Commission through
the Universal Service Fund shall provide the information
described in paragraph (1) in a standardized and efficient
fashion.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, and every year thereafter, the Office
shall make public on the website of the Office and submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the following:
(A) A description of the work of the Office for the
previous year and the number of residents of the United
States that received broadband as result of Federal
broadband support programs and the Universal Service
Fund program.
(B) A description of how many residents of the
United States were provided broadband by which
universal service mechanism or which Federal broadband
support program.
(C) An estimate of the economic impact of such
broadband deployment efforts on the local economy,
including any effect on small businesses or jobs.
SEC. 4. STREAMLINED APPLICATIONS FOR SUPPORT.
(a) Agency Consultation.--The Office shall consult with any agency
offering a Federal broadband support program to streamline and
standardize the applications process for financial assistance or grants
for such program.
(b) Agency Streamlining.--Any agency offering a Federal broadband
support program shall amend their applications for broadband support,
to the extent practicable and as necessary, to streamline and
standardize applications for Federal broadband support programs across
the Government.
(c) Single Application.--To the greatest extent practicable, the
Office shall seek to create one application that may be submitted to
apply for all, or substantially all, Federal broadband support
programs.
(d) Website Required.--Not later than 180 days after the date of
the enactment of this Act, the Office shall create a central website
through which potential applicants can learn about and apply for
support through any Federal broadband support program.
SEC. 5. COORDINATION OF SUPPORT.
The Office, any agency that offers a Federal broadband support
program, and the Commission through the Universal Service Fund shall
coordinate with the Office to ensure that support is being distributed
in an efficient, technology-neutral, and financially sustainable
manner, with the goal of serving the largest number of persons in the
United States while avoiding overbuilding and promoting the most job
and economic growth for all residents of the United States.
SEC. 6. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Federal broadband support program.--The term ``Federal
broadband support program'' does not include any Universal
Service Fund program and means any of the following programs
(or any other similar Federal program) to the extent the
program offers broadband internet service or programs for
promoting broadband access and adoption for various demographic
communities through various media for residential, commercial,
community providers, or academic establishments:
(A) The Telecommunications and Technology Program
of the Appalachian Regional Commission.
(B) The Telecommunications Infrastructure Loans and
Loan Guarantees, the Rural Broadband Access Loans and
Loan Guarantees, the Substantially Underserved Trust
Areas Provisions, the Community Connect Grant Program,
and the Distance Learning and Telemedicine Grant
Program of the Rural Utilities Service of the
Department of Agriculture.
(C) The Public Works and Economic Adjustment
Assistance Programs and the Planning and Local
Technical Assistance Programs of the Economic
Development Administration of the Department of
Commerce.
(D) The Community Development Block Grants and
Section 108 Loan Guarantees, the Funds for Public
Housing Authorities: Capital Fund and Operating Fund,
the Multifamily Housing, the Indian Community
Development Block Grant Program, the Indian Housing
Block Grant Program, the Title VI Loan Guarantee
Program, Choice Neighborhoods, the HOME Investment
Partnerships Program, the Housing Trust Fund, and the
Housing Opportunities for Persons with AIDS of the
Department of Housing and Urban Development.
(E) The American Job Centers of the Employment and
Training Administration of the Department of Labor.
(F) The Library Services and Technology Grant
Programs of the Institute of Museum and Library
Services.
(5) Office.--The term ``Office'' means the Office of
Internet Connectivity and Growth established pursuant to
section 2.
(6) Universal service fund program.--The term ``Universal
Service Fund program'' means any program authorized under
section 254 of the Communications Act of 1934 (47 U.S.C. 254)
to help deploy broadband.
(7) Universal service mechanism.--The term ``universal
service mechanism'' means any funding stream provided by a
Universal Service Fund program to support broadband access.
SEC. 7. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to carry out
this Act. This Act shall be carried out using amounts otherwise
authorized.
Passed the House of Representatives July 23, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Advancing Critical Connectivity Expands Service, Small Business Resources, Opportunities, Access, and Data Based on Assessed Need and Demand Act or the ACCESS BROADBAND Act (Sec. 2) This bill requires the Department of Commerce to establish the Office of Internet Connectivity and Growth within the National Telecommunications and Information Administration. (Sec. 3) The office shall: connect with communities that need access to high-speed Internet and improved digital inclusion efforts, hold regional workshops to share best practices and effective strategies for promoting broadband access and adoption, develop targeted broadband training and presentations for various demographic communities through media, develop and distribute publications providing guidance to communities for expanding broadband access and adoption, and track construction and use of and access to any broadband infrastructure built using federal support. The office must report annually: (1) a description of the office's work, (2) the number of U.S. residents who received broadband as result of federal broadband programs and the Universal Service Fund program, and (3) an estimate of the economic impact of such broadband deployment efforts on the local economy. (Sec. 4) The office shall consult with any agency offering a federal broadband support program in order to streamline the application process for financial assistance or grants and create one application that may be submitted to apply for all federal broadband support programs. (Sec. 5) The office, any agency that offers a federal broadband support program, and the Federal Communications Commission through the Universal Service Fund shall coordinate to ensure that broadband support is being distributed in an efficient, technology-neutral, and financially sustainable manner. (Sec. 7) No additional funds are authorized to carry out this bill. | {"src": "billsum_train", "title": "Advancing Critical Connectivity Expands Service, Small Business Resources, Opportunities, Access, and Data Based on Assessed Need and Demand Act"} | 1,443 | 356 | 0.793033 | 2.403444 | 0.796067 | 5.012346 | 4.219136 | 0.950617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Ferry and High-Speed Marine
Ferry Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) today's ferries are a critical transportation component
in many communities, providing vital transportation services
for passengers, automobiles, buses, and trucks in locations
where practical alternatives are insufficient or do not exist;
(2) ferries provide alternatives to other transport modes
that are facing severe capacity constraints;
(3) ferries do not require the construction of costly
infrastructure such as roads, bridges, or tunnels, thereby
reducing environmental impacts, capital investment, and
initiation times;
(4) ferries reduce single-occupancy vehicle travel thereby
reducing traffic congestion, air pollution, and energy use;
(5) ferries are flexible because vessels and some loading
facilities may be shifted to new locations due to changes in
demand or in times of national emergency;
(6) joint efforts by private operators and local
governments already have resulted in highly innovative and
successful ferry operations in many urban areas;
(7) recent technological developments have further
developed the potential for the use of high speed marine
vessels;
(8) the Department of Transportation strategic plan for the
National Transportation System urges emphasis on those modes of
transportation that promote those interests ``of critical
importance to our country, including clean air, reduced energy
consumption and safe, comfortable, and cost effective
transportation'';
(9) ferry transportation provides cost-effective
transportation in an environmentally sound manner; and
(10) ferry transportation is an important and unique
component of the national transportation system which should be
encouraged and supported in those communities for which it is
applicable.
SEC. 3. REPORT ON UTILIZATION POTENTIAL.
(a) Study.--The Secretary of Transportation shall conduct a study
of ferry transportation in the United States and its possessions--
(1) to identify existing ferry operations, including--
(A) the locations and routes served;
(B) the name, United States official number, and a
description of each vessel operated as a ferry;
(C) the source and amount, if any, of funds derived
from Federal, State, or local government sources
supporting ferry construction or operations;
(D) the impact of ferry transportation on local and
regional economies; and
(E) the potential for use of high-speed ferry
services.
(2) identify potential domestic ferry routes in the United
States and its possessions and to develop information on those
routes, including--
(A) locations and routes that might be served;
(B) estimates of capacity required;
(C) estimates of capital costs of developing these
routes;
(D) estimates of annual operating costs for these
routes;
(E) estimates of the economic impact of these
routes on local and regional economies; and
(F) the potential for use of high-speed ferry
services.
(b) Report.--The Secretary shall report the results of the study
under subsection (a) within 1 year after the date of enactment of this
Act to the Committee on Commerce, Science, and Transportation of the
United States Senate and the Committee on Transportation and
Infrastructure of the United States House of Representatives.
SEC. 4. MEETING WITH STATE MUNICIPAL PLANNING ORGANIZATIONS.
After reporting the results of the study required by section 3, the
Secretary of Transportation shall meet with the relevant State and
Municipal planning organizations to discuss the results of the study
and the availability of resources, both Federal and State, for
providing marine ferry service.
SEC. 5. FUNDING.
(a) In General.--Section 1064 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note) is amended
by adding at the end thereof the following:
``(e) Authorization.--In addition to any amounts otherwise
authorized to be appropriated to carry out the provisions of this
section, there are authorized to be appropriated $18,000,000 for each
fiscal year for which funds are authorized to be appropriated under the
Intermodal Surface Transportation Efficiency Act of 1991 for fiscal
years beginning with fiscal year 1997.
``(f) Operational Funding.--The Secretary of Transportation shall
make available under this section such amounts as may be necessary to
support ferry operations providing daily transportation for workers,
students, or both who reside on one or more islands in the
noncontiguous United States, without regard to section 129(c)(3), or
the second sentence of section 129(c)(5), of title 23, United States
Code.''.
(b) Operating and Leasing Amendments.--Subsection (c) of section
1064 of that Act (23 U.S.C. 129 note) is amended--
(1) by striking ``owned.'' in paragraph (3) and inserting
``owned or operated.''; and
(2) by striking ``sold, leased, or'' in paragraph (6) and
inserting ``sold or''.
SEC. 6. LOAN GUARANTEES.
(a) In General.--The Secretary of Transportation may guarantee, or
make a commitment to guarantee, the payment of the principal of, and
the interest on, an obligation for marine ferry operations in the
transportation of passengers or passengers and vehicles in the United
States and its possessions. A guarantee or commitment under this
subsection shall be made--
(1) under standards and requirements substantially
equivalent to those under title XI of the Merchant Marine Act,
1936 (46 U.S.C. App. 1271 et seq.); and
(2) subject to such terms as the Secretary may prescribe.
(b) Applicable Laws, Etc.--A guarantee or commitment made under
subsection (a) is subject to all laws, requirements, regulations, and
procedures applicable to guarantees or commitments made under title XI
of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.), but the
Secretary shall by rule provide a simplified application and compliance
process for guarantees and commitments made under subsection (a).
(c) Authorization.--There are authorized to be appropriated to
carry out the provisions of this section $7,000,000 for each fiscal
year for which funds are authorized to be appropriated under the
Intermodal Surface Transportation Efficiency Act of 1991 for fiscal
years beginning after fiscal year 1997.
SEC. 7. CROSS-BORDER LEASING FOR CERTAIN VESSELS.
Section 12102(d)(1) of title 46, United States Code, is amended by
inserting ``or for a small passenger vessel, a passenger vessel, or a
ferry,'' after ``endorsement,''.
SEC. 8. MARINE HIGH-SPEED FERRY SAFETY.
(a) Coast Guard Review.-- The Coast Guard shall review the
provisions of the International Code of Safety for High-Speed Craft to
determine whether the provisions are suitable safety regulations for
high-speed vessels not currently regulated, and make recommendations to
the House Committee on Transportation and Infrastructure and the Senate
Committee on Commerce, Science, and Transportation.
(b) Manning Requirement.--Section 8101(a) of title 46, United
States Code, is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph;
``(4) a high-speed passenger vessel shall consider
the specialized nature of the vessel and the
navigation, handling, and maintenance functions of that
vessel for protection of life, property, and the
environment, and, for purposes of this paragraph, the
term `high-speed passenger vessel' means a vessel as
defined by Section 2101(22) or 2101(35) of this title,
which conforms to the definition of high-speed craft of
Chapter 1.4.24 of the International Code of Safety for
High-Speed Craft of the International Maritime
Organization.''.
(c) Manning Standards.--The Secretary of Transportation shall
prescribe standards for the manning of each high speed passenger vessel
operating on the waters of the United States or the waters of the
exclusive economic zone, related to the duties, qualifications, and
training of the officers and crew of the vessel, including standards
related to--
(1) appropriate crew sizes;
(2) the adequacy of qualifications and training of
crewmembers;
(3) the ability of crewmembers to take emergency actions,
including the safe evacuation of passengers;
(4) the use of computer simulator courses and other courses
for training bridge officers and crewmembers, and the
feasibility and practicality of mandating such training;
(5) the advisability of cross-training of crewmembers and
the need for more than one crew member to be trained to perform
all essential operational tasks in both normal and emergency
situations;
(6) the need to specify an appropriate period of
operational training for the master and each crewmember and the
periods at which appropriate re-training should be carried out;
and
(7) the need for a type rating certificate for the master
and all officers having an operational role on the vessel.
In prescribing the standards, the Secretary shall consider the
provisions of the International Code of Safety for High-Speed Craft of
the International Maritime Organization, particularly its provisions on
training and qualifications and emergency instructions and drills. A
high-speed passenger vessel is a vessel as defined by section 2101(22)
or 2101(35) of title 46, United States Code, which conforms to the
definition of High-speed craft of Chapter 1.4.24 of the International
Code of Safety for High-Speed Craft of the International Maritime
Organization.
SEC. 9. STUDY OF HIGH-SPEED MARINE FERRY TECHNOLOGY.
The Transportation Research Board shall conduct a study to evaluate
different technological approaches to the provision of high-speed
marine ferry service and potential for United States utilization and
report its findings to the Committee on Commerce, Science, and
Technology of the United States Senate and the Committee on
Transportation and Infrastructure of the United States House of
Representatives within 1 year after the date of enactment of this Act. | Marine Ferry and High-Speed Marine Ferry Act - Directs the Secretary of Transportation to study and report to specified congressional committees on ferry transportation in the United States and its possessions in order to identify: (1) existing ferry operations; and (2) potential U.S. ferry routes in the United States and its possessions and to develop certain information on them. Directs the Secretary to meet with State and municipal planning organizations to discuss the results of the study and the availability of both Federal and State resources for providing marine ferry service.
Amends the Intermodal Surface Transportation Efficiency Act of 1991 to authorize appropriations for ferry operations providing daily transportation for workers, students, or both who reside on one or more islands in the noncontiguous United States.
Authorizes the Secretary to guarantee loans for marine ferry operations in the transportation of passengers or passengers and vehicles in the United States and its possessions.
Authorizes appropriations.
Amends Federal shipping law, with regard to the issuance of a certificate of documentation for a small passenger vessel, passenger vessel, or a ferry, to declare that the members of an association, trust, joint venture, or other entity that owns a vessel that is not registered under the laws of a foreign country or titled in a State do not all have to be U.S. citizens provided the vessel is subject to a charter to a U.S. citizen.
Directs the Coast Guard to review the International Code of Safety for High-Speed Craft to: (1) determine whether its safety regulations are suitable for high-speed vessels not currently regulated; and (2) make recommendations to specified congressional committees.
Requires certain manning requirements imposed on a high-speed passenger vessel to consider the specialized nature of the vessel and its navigation, handling, and maintenance functions for protection of life, property, and the environment. Directs the Secretary to prescribe manning standards related to the duties, qualifications, and training of the officers and crew of such vessel operating on the waters of the United States or the waters of an exclusive economic zone.
Directs the Transportation Research Board to evaluate and report to specified congressional committees on different technological approaches to the provision of high-speed marine ferry service and potential for U.S. utilization. | {"src": "billsum_train", "title": "Marine Ferry and High-Speed Marine Ferry Act"} | 2,170 | 474 | 0.608403 | 1.839061 | 0.776719 | 4.384075 | 4.836066 | 0.880562 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Jump Start America
Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SIMPLIFIED INDIVIDUAL INCOME TAX RATES
Sec. 101. Simplified individual income tax rates.
TITLE II--20-PERCENT CORPORATE TAX RATE
Sec. 201. 20-percent corporate tax rate.
TITLE III--15-PERCENT MAXIMUM CAPITAL GAINS RATE
Sec. 301. 15-percent maximum capital gains rate.
TITLE IV--MODIFICATION AND PERMANENT EXTENSION OF THE INCENTIVES TO
REINVEST FOREIGN EARNINGS IN THE UNITED STATES
Sec. 401. Modification and permanent extension of the incentives to
reinvest foreign earnings in the United
States.
TITLE V--BONUS DEPRECIATION INCREASED TO 100 PERCENT AND MADE PERMANENT
Sec. 501. Bonus depreciation increased to 100 percent and made
permanent.
TITLE VI--FICA AND SECA TAX RATE REDUCTIONS
Sec. 601. FICA tax rate reductions.
Sec. 602. SECA tax rate reductions.
TITLE VII--REPEAL OF ESTATE AND GIFT TAXES
Sec. 701. Repeal of estate and gift taxes.
TITLE I--SIMPLIFIED INDIVIDUAL INCOME TAX RATES
SEC. 101. SIMPLIFIED INDIVIDUAL INCOME TAX RATES.
(a) In General.--Section 1(i) of the Internal Revenue Code of 1986
is amended by striking paragraphs (2) and (3), by redesignating
paragraph (4) as paragraph (3), and by inserting after paragraph (1)
the following new paragraph:
``(2) 20- and 30-percent rate brackets.--
``(A) In general.--In the case of taxable years
beginning after December 31, 2015, the rate of tax
under subsections (a), (b), (c), and (d) on taxable
income which would (without regard to this paragraph)
be taxed at a rate over 15 percent shall be--
``(i) 20 percent on taxable income not over
$1,000,000, and
``(ii) 30 percent on taxable income over
$1,000,000.
``(B) Inflation adjustment.--In prescribing the
tables under subsection (f) which apply with respect to
taxable years beginning after 2016, the $1,000,000
amount in subparagraph (A) shall be increased by an
amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under subsection (f)(3) for the
calendar year in which the taxable year begins
determined by substituting `calendar year 2015'
for `calendar year 1992' in subparagraph (B)
thereof.
If any adjustment under the preceding sentence is not a
multiple of $100, such amount shall be rounded to the
next lowest multiple of $100.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017.
TITLE II--20-PERCENT CORPORATE TAX RATE
SEC. 201. 20-PERCENT CORPORATE TAX RATE.
(a) In General.--Subsection (b) of section 11 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(b) Amount of Tax.--The amount of the tax imposed by subsection
(a) shall be 20 percent of taxable income.''.
(b) Conforming Amendments.--
(1) Paragraphs (2)(B) and (6)(A)(ii) of section 860E(e) of
such Code are each amended by striking ``section 11(b)(1)'' and
inserting ``section 11(b)''.
(2)(A) Section 1445(e)(1) of such Code is amended--
(i) by striking ``35 percent'' and
inserting ``the rate of tax in effect for the
taxable year under section 11(b)'', and
(ii) by striking ``of the gain'' and
inserting ``multiplied by the gain''.
(B) Section 1445(e)(2) of such Code is amended by striking
``35 percent of the amount'' and inserting ``the rate of tax in
effect for the taxable year under section 11(b) multiplied by
the amount''.
(C) Section 1445(e)(6) of such Code is amended--
(i) by striking ``35 percent'' and inserting ``the
rate of tax in effect for the taxable year under
section 11(b)'', and
(ii) by striking ``of the amount'' and inserting
``multiplied by the amount''.
(D) Section 1446(b)(2)(B) of such Code is amended by
striking ``section 11(b)(1)'' and inserting ``section 11(b)''.
(3) Section 852(b)(1) of such Code is amended by striking
the last sentence.
(4) Section 7874(e)(1)(B) of such Code is amended by
striking ``section 11(b)(1)'' and inserting ``section 11(b)''.
(c) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
taxable years beginning after December 31, 2017.
(2) Withholding.--The amendments made by subsection (b)(2)
shall apply to distributions made after December 31, 2017.
TITLE III--15-PERCENT MAXIMUM CAPITAL GAINS RATE
SEC. 301. 15-PERCENT MAXIMUM CAPITAL GAINS RATE.
(a) In General.--Section 1(h)(1) of the Internal Revenue Code of
1986 is amended by striking subparagraphs (C) and (D), by redesignating
subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively,
and by inserting after subparagraph (B) the following new subparagraph:
``(C) 15 percent of the adjusted net capital gain
(or, if less, taxable income) in excess of the amount
on which a tax is determined under subparagraph (B).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017.
TITLE IV--MODIFICATION AND PERMANENT EXTENSION OF THE INCENTIVES TO
REINVEST FOREIGN EARNINGS IN THE UNITED STATES
SEC. 401. MODIFICATION AND PERMANENT EXTENSION OF THE INCENTIVES TO
REINVEST FOREIGN EARNINGS IN THE UNITED STATES.
(a) Repatriation Subject to 5-Percent Tax Rate.--Section 965(a)(1)
of the Internal Revenue Code of 1986 is amended by striking ``85
percent'' and inserting ``85.7 percent''.
(b) Permanent Extension To Elect Repatriation.--Section 965(f) of
such Code is amended to read as follows:
``(f) Election.--The taxpayer may elect to apply this section to
any taxable year only if made on or before the due date (including
extensions) for filing the return of tax for such taxable year.''.
(c) Repatriation Includes Current and Accumulated Foreign
Earnings.--
(1) In general.--Section 965(b)(1) of such Code is amended
to read as follows:
``(1) In general.--The amount of dividends taken into
account under subsection (a) shall not exceed the sum of the
current and accumulated earnings and profits described in
section 959(c)(3) for the year a deduction is claimed under
subsection (a), without diminution by reason of any
distributions made during the election year, for all controlled
foreign corporations of the United States shareholder.''.
(2) Conforming amendments.--
(A) Section 965(b) of such Code is amended by
striking paragraph (2) and by redesignating paragraphs
(3) and (4) as paragraphs (2) and (3), respectively.
(B) Section 965(c) of such Code is amended by
striking paragraphs (1) and (2) and by redesignating
paragraphs (3), (4), and (5) as paragraphs (1), (2),
and (3), respectively.
(C) Section 965(c)(3) of such Code, as redesignated
by subparagraph (B), is amended to read as follows:
``(3) Controlled groups.--All United States shareholders
which are members of an affiliated group filing a consolidated
return under section 1501 shall be treated as one United States
shareholder.''.
(d) Clerical Amendments.--
(1) The heading for section 965 of such Code is amended by
striking ``temporary''.
(2) The table of sections for subpart F of part III of
subchapter N of chapter 1 of such Code is amended by striking
``Temporary dividends'' and inserting ``Dividends''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
TITLE V--BONUS DEPRECIATION INCREASED TO 100 PERCENT AND MADE PERMANENT
SEC. 501. BONUS DEPRECIATION INCREASED TO 100 PERCENT AND MADE
PERMANENT.
(a) Increase.--Section 168(k)(1)(A) of the Internal Revenue Code of
1986 is amended by striking ``50 percent'' and inserting ``100
percent''.
(b) Made Permanent.--Section 168(k)(2) of the Internal Revenue Code
of 1986 is amended to read as follows:
``(2) Qualified property.--For purposes of this
subsection--
``(A) In general.--The term `qualified property'
means property--
``(i)(I) to which this section applies
which has a recovery period of 20 years or
less,
``(II) which is computer software (as
defined in section 167(f)(1)(B)) for which a
deduction is allowable under section 167(a)
without regard to this subsection,
``(III) which is water utility property, or
``(IV) which is qualified leasehold
improvement property, and
``(ii) the original use of which commences
with the taxpayer.
``(B) Exception for alternative depreciation
property.--The term `qualified property' shall not
include any property to which the alternative
depreciation system under subsection (g) applies,
determined--
``(i) without regard to paragraph (7) of
subsection (g) (relating to election to have
system apply), and
``(ii) after application of section 280F(b)
(relating to listed property with limited
business use).
``(C) Special rules.--
``(i) Sale-leasebacks.--For purposes of
clause (ii) and subparagraph (A)(ii), if
property is--
``(I) originally placed in service
by a person, and
``(II) sold and leased back by such
person within 3 months after the date
such property was originally placed in
service,
such property shall be treated as originally
placed in service not earlier than the date on
which such property is used under the leaseback
referred to in subclause (II).
``(ii) Syndication.--For purposes of
subparagraph (A)(ii), if--
``(I) property is originally placed
in service by the lessor of such
property,
``(II) such property is sold by
such lessor or any subsequent purchaser
within 3 months after the date such
property was originally placed in
service (or, in the case of multiple
units of property subject to the same
lease, within 3 months after the date
the final unit is placed in service, so
long as the period between the time the
first unit is placed in service and the
time the last unit is placed in service
does not exceed 12 months), and
``(III) the user of such property
after the last sale during such 3-month
period remains the same as when such
property was originally placed in
service,
such property shall be treated as originally
placed in service not earlier than the date of
such last sale.
``(D) Coordination with section 280f.--For purposes
of section 280F--
``(i) Automobiles.--In the case of a
passenger automobile (as defined in section
280F(d)(5)) which is qualified property, the
Secretary shall increase the limitation under
section 280F(a)(1)(A)(i) by $8,000.
``(ii) Listed property.--The deduction
allowable under paragraph (1) shall be taken
into account in computing any recapture amount
under section 280F(b)(2).
``(iii) Inflation adjustment.--In the case
of any taxable year beginning in a calendar
year after 2018, the $8,000 amount in clause
(i) shall be increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the automobile price
inflation adjustment determined under
section 280F(d)(7)(B)(i) for the
calendar year in which such taxable
year begins by substituting `2017' for
`1987' in subclause (II) thereof.
If any increase under the preceding sentence is
not a multiple of $100, such increase shall be
rounded to the nearest multiple of $100.
``(E) Deduction allowed in computing minimum tax.--
For purposes of determining alternative minimum taxable
income under section 55, the deduction under section
167 for qualified property shall be determined without
regard to any adjustment under section 56.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2017.
TITLE VI--FICA AND SECA TAX RATE REDUCTIONS
SEC. 601. FICA TAX RATE REDUCTIONS.
(a) Old-Age, Survivors, and Disability Insurance.--Sections 3101(a)
and 3111(a) of the Internal Revenue Code of 1986 are each amended by
striking ``6.2 percent'' and inserting ``3.1 percent''.
(b) Hospital Insurance.--
(1) Employees.--Section 3101(b) of such Code is amended--
(A) by striking ``1.45 percent'' in paragraph (1)
and inserting ``0.725 percent'', and
(B) by striking ``0.9 percent'' in paragraph (2)
and inserting ``0.45 percent''.
(2) Employers.--Section 3111(b) of such Code is amended by
striking ``1.45 percent'' and inserting ``0.725 percent''.
(c) Effective Date.--The amendments made by this section shall
apply remuneration paid after December 31, 2017.
SEC. 602. SECA TAX RATE REDUCTIONS.
(a) Old-Age, Survivors, and Disability Insurance.--Section 1401(a)
of the Internal Revenue Code of 1986 is amended--
(1) by striking all that follows ``for such taxable year''
and inserting a period, and
(2) by striking ``the following percent'' and inserting
``6.2 percent''.
(b) Hospital Insurance.--Section 1401(b) of such Code is amended--
(1) by striking all that follows ``for such taxable year''
in paragraph (1) and inserting a period,
(2) by striking ``the following percent'' in paragraph (1)
and inserting ``1.45 percent'', and
(3) by striking ``0.9 percent'' in paragraph (2)(A) and
inserting ``0.45''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to remuneration received after December 31, 2017.
TITLE VII--REPEAL OF ESTATE AND GIFT TAXES
SEC. 701. REPEAL OF ESTATE AND GIFT TAXES.
(a) In General.--Subtitle B of the Internal Revenue Code of 1986
(relating to estate, gift, and generation-skipping taxes) is hereby
repealed.
(b) Effective Date.--The repeal made by subsection (a) shall apply
to estates of decedents dying, gifts made, and generation-skipping
transfers made after the date of the enactment of this Act. | Jump Start America Act of 2017 This bill amends the Internal Revenue Code, with respect to several corporate and individual income tax policies, to: revise individual income tax rates to establish a 20% rate on taxable income of $1 million or less and a 30% rate on taxable income over $1 million, with an adjustment for inflation after 2016; revise the income tax rates on corporations to impose a single 20% rate on corporate taxable income; modify the formula for calculating the tax on the net capital gains of individual taxpayers to provide for a maximum 15% rate on the adjusted net capital gain of such taxpayers; reduce the tax rate on current and accumulated foreign earnings of U.S. corporations reinvested in the United States and make the lower rate permanent; increase the additional depreciation allowance (bonus depreciation) from 50% to 100% of the adjusted basis of qualifying business property and to make such increased allowance permanent; reduce Social Security and Medicare payroll taxes for employers, employees, and the self-employed; and repeal the federal estate, gift, and generation-skipping transfer taxes. | {"src": "billsum_train", "title": "Jump Start America Act of 2017"} | 3,871 | 232 | 0.552395 | 1.508495 | 0.784152 | 1.674312 | 14.522936 | 0.747706 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986.
(a) Short Title.--This Act may be cited as the ``Family Fairness
Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. ADDITIONAL EARNED INCOME CREDIT FOR MARRIED INDIVIDUALS.
(a) In General.--Paragraph (1) of section 32(a) (relating to earned
income credit) is amended to read as follows:
``(1) In general.--There shall be allowed as a credit
against the tax imposed by this subtitle for the taxable year
an amount equal to the sum of--
``(A) in the case of an eligible individual, an
amount equal to the credit percentage of so much of the
taxpayer's earned income for the taxable year as does
not exceed the earned income amount, and
``(B) in the case of an eligible married
individual, the applicable percentage of $1,000.''.
(b) Applicable Percentage.--Section 32(b) (relating to percentages
and amounts) is amended by adding at the end the following new
paragraph:
``(3) Applicable percentage.--The applicable percentage for
any taxable year is equal to 100 percent reduced (but not below
0 percent) by 10 percentage points for each $1,000 (or fraction
thereof) by which the taxpayer's earned income for such taxable
year exceeds $16,000.''.
(c) Eligible Married Individuals.--Section 32(c) (relating to
definitions and special rules) is amended by adding at the end the
following new paragraph:
``(4) Eligible married individuals.--The term `eligible
married individual' means an eligible individual--
``(A) who is married (as defined in section 7703)
and who has lived together with the individual's spouse
at all times during such marriage during the taxable
year, and
``(B) has earned income for the taxable year of at
least $8,500.''.
(d) Conforming Amendments.--
(1) Section 32(a)(2) is amended by striking ``paragraph
(1)'' and inserting ``paragraph (1)(A)''.
(2) Section 32(j) is amended to read as follows:
``(j) Inflation Adjustments.--
``(1) In general.--In the case of any taxable year
beginning after the applicable calendar year, each dollar
amount referred to in paragraph (2)(B) shall be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3), for the calendar year in which
the taxable year begins, by substituting for `calendar
year 1992' in subparagraph (B) thereof--
``(i) `calendar year 1993' in the case of
the dollar amounts referred to in paragraph
(2)(B)(i), and
``(ii) `calendar year 1995' in the case of
the dollar amounts referred to in paragraph
(2)(B)(ii).
``(2) Definitions, etc.--For purposes of paragraph (1)--
``(A) Applicable calendar year.--The term
`applicable calendar year' means--
``(i) 1994 in the case of the dollar
amounts referred to in paragraph (2)(B)(i), and
``(ii) 1996 in the case of the dollar
amounts referred to in paragraph (2)(B)(ii).
``(B) Dollar amounts.--The dollar amounts referred
to in this subparagraph are--
``(i) each dollar amount contained in
subsection (b)(2)(A), and
``(ii) the $16,000 amount contained in
subsection (b)(3) and the dollar amount
contained in subsection (c)(4)(B).
``(3) Rounding.--If any dollar amount after being increased
under paragraph (1) is not a multiple of $10, such dollar
amount shall be rounded to the nearest multiple of $10 (or, if
such dollar amount is a multiple of $5, such dollar amount
shall be increased to the next higher multiple of $10).''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 3. EARNED INCOME CREDIT DENIED TO INDIVIDUALS NOT AUTHORIZED TO BE
EMPLOYED IN THE UNITED STATES.
(a) In General.--Section 32(c)(1) (relating to individuals eligible
to claim the earned income tax credit) is amended by adding at the end
the following new subparagraph:
``(F) Identification number requirement.--The term
`eligible individual' does not include any individual
who does not include on the return of tax for the
taxable year--
``(i) such individual's taxpayer
identification number, and
``(ii) if the individual is married (within
the meaning of section 7703), the taxpayer
identification number of such individual's
spouse.''.
(b) Special Identification Number.--Section 32 is amended by adding
at the end the following new subsection:
``(l) Identification Numbers.--Solely for purposes of paragraphs
(1)(F) and (3)(D) of subsection (c), a taxpayer identification number
means a social security number issued to an individual by the Social
Security Administration (other than a social security number issued
pursuant to clause (II) (or that portion of clause (III) that relates
to clause (II)) of section 205(c)(2)(B)(i) of the Social Security
Act).''.
(c) Extension of Procedures Applicable to Mathematical or Clerical
Errors.--Section 6213(g)(2) (relating to the definition of mathematical
or clerical errors) is amended by striking ``and' at the end of
subparagraph (D), by striking the period at the end of subparagraph (E)
and inserting ``, and'', and by inserting after subparagraph (E) the
following new subparagraph:
``(F) an omission of a correct taxpayer
identification number required under section 23
(relating to credit for families with younger children)
or section 32 (relating to the earned income tax
credit) to be included on a return.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 4. REPEAL OF EARNED INCOME CREDIT FOR INDIVIDUALS WITHOUT
CHILDREN.
(a) In General.--Subparagraph (A) of section 32(c)(1) (defining
eligible individual) is amended to read as follows:
``(A) In general.--The term `eligible individual'
means any individual who has a qualifying child for the
taxable year.''.
(b) Conforming Amendments.--Each of the tables contained in
paragraphs (1) and (2) of section 32(b) are amended by striking the
items relating to no qualifying children.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 5. RULES RELATING TO DENIAL OF EARNED INCOME CREDIT ON BASIS OF
DISQUALIFIED INCOME.
(a) Definition of Disqualified Income.--Paragraph (2) of section
32(i) (defining disqualified income) is amended by striking ``and'' at
the end of subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, and'' and by adding at the end the
following new subparagraphs:
``(D) capital gain net income,
``(E) the excess (if any) of--
``(i) the aggregate income from all passive
activities for the taxable year (determined
without regard to any amount described in a
preceding subparagraph), over
``(ii) the aggregate losses from all
passive activities for the taxable year (as so
determined), and
``(F) amounts includible in gross income under
section 652 or 662 for the taxable year to the extent
not taken into account under any preceding
subparagraph.
For purposes of subparagraph (E), the term `passive activity'
has the meaning given such term by section 469.''.
(b) Decrease in Amount of Disqualified Income Allowed.--Paragraph
(1) of section 32(i) (relating to denial of credit) is amended by
striking ``$2,350'' and inserting ``$1,000''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 6. MODIFICATION OF ADJUSTED GROSS INCOME DEFINITION FOR EARNED
INCOME CREDIT.
(a) In General.--Subparagraph (B) of section 32(a)(2) (relating to
limitation) is amended by striking ``adjusted gross income'' and
inserting ``modified adjusted gross income''.
(b) Modified Adjusted Gross Income Defined.--Section 32(c)
(relating to definitions and special rules) is amended by adding at the
end the following new paragraph:
``(5) Modified adjusted gross income.--The term `modified
adjusted gross income' means adjusted gross income, increased
by the sum of--
``(A) social security benefits (as defined in
section 86(d)) received to the extent not includible in
gross income,
``(B) amounts received by (or on behalf of) a
spouse pursuant to a divorce or separation instrument
(as defined in section 71(b)(2)) which, under the terms
of the instrument, are fixed as payable for the support
of the children of the payor spouse (as determined
under section 71(c)),
``(C) interest received or accrued during the
taxable year which is exempt from tax imposed by this
chapter, and
``(D) any amount received by a participant or
beneficiary under a qualified retirement plan (as
defined in section 4974(c)) to the extent not
includible in gross income.
Subparagraph (D) shall not apply to any amount received if the
recipient transfers such amount in a rollover contribution
described in section 402(c), 403(a)(4), 403(b)(8), or
408(d)(3).''
(c) Study.--The Secretary of the Treasury shall conduct a study of
the Federal tax treatment of child support payments to determine
whether or not changes in such treatment are necessary. The Secretary
shall report to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives the results
of the study, including recommendations (if any) which the Secretary
determines appropriate to encourage payment of child support
liabilities by parents and to make both parents more responsible for a
child's economic well-being.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 7. EARNED INCOME CREDIT NOT ALLOWED UNTIL RECEIPT OF EMPLOYER'S
WITHHOLDING STATEMENT.
(a) In General.--Section 6401(b) (relating to excessive credits
treated as overpayments) is amended by adding at the end the following
new paragraph:
``(3) Special rule for earned income credit.--For purposes
of paragraph (1), the earned income credit allowed under
section 32 shall not be treated as a credit allowable under
subpart C of part IV of subchapter A of chapter 1 unless the
Secretary is able to verify the amount of such credit by
comparing it with--
``(A) information returns filed with the Secretary
under section 6051(d) by employees of the individual
claiming the credit,
``(B) self-employment tax returns filed with the
Secretary under section 6017, or
``(C) both.
The preceding sentence shall apply to any advanced payment of
the earned income credit under section 3507.''
(b) Effective Date; Study.--
(1) In general.--The amendment made by this section shall
apply to taxable years beginning after December 31, 1996.
(2) Study.--The Secretary of the Treasury shall conduct a
study to determine the delays (if any) which would result in
the processing of Federal income tax returns by reason of the
amendment made by this section. Not later than 1 year after the
date of the enactment of this Act, the Secretary shall report
the results of the study to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives, including recommendations (if any) on ways to
shorten any delay.
SEC. 8. PREVENTION OF FRAUD IN ELECTRONIC RETURNS.
(a) In General.--The Secretary of the Treasury shall provide that
any person applying to be an electronic return originator on or after
the date of the enactment of this Act shall not be approved unless the
applicant provides fingerprints and credit information to the
satisfaction of the Secretary.
(b) Past Applicants.--The Secretary of the Treasury shall apply the
requirements described in subsection (a) to electronic return
originators whose applications were approved before the date of the
enactment of this Act without fingerprints and credit check information
being provided. | Family Fairness Act - Amends the Internal Revenue Code to replace current provisions allowing an earned income tax credit with provisions allowing an earned income credit for an eligible individual and for an eligible married individual. Mandates inflation increases.
Defines "eligible individual," for earned income credit (EIC) provisions, to exclude any individual who does not include on his or her return their taxpayer identification number (TIN) and, if married, the TIN of their spouse. Adds to the definition of "mathematical or clerical error," for provisions relating to restrictions applicable to deficiencies and petitions to Tax Court, references to omission of a TIN required by provisions relating to credit for families with younger children or to the EIC.
Removes individuals without children from eligibility for the EIC.
Adds to the types of income that, if their aggregate exceeds a specified amount, will deny EIC: (1) capital gain net income; (2) certain income from passive activities; and (3) amounts includible in gross income under provisions relating to beneficiaries of estates and trusts. Lowers the aggregate limit.
Modifies the definition of adjusted gross income for purposes of the maximum limit on EIC.
Mandates a study and report to specified congressional committees on the Federal tax treatment of child support payments to determine whether changes are necessary.
Prohibits considering EIC as an allowable credit, for provisions requiring that excess credits be considered overpayments, unless the EIC can be verified by comparing it with information returns filed by employees of the individual claiming the credit or with self-employment returns. Applies this paragraph to any advanced payment of the EIC under specified provisions. Mandates a study and report to specified congressional committees on the delays (if any) that would result in the processing of Federal income tax returns because of the amendment made by this paragraph.
Prohibits approving the application of any person to be an electronic return originator unless the applicant provides fingerprints and credit information. Applies these requirements to originators whose applications were approved before enactment of this Act. | {"src": "billsum_train", "title": "Family Fairness Act"} | 3,116 | 452 | 0.46523 | 1.486218 | 0.681026 | 2.350254 | 6.769036 | 0.77665 |
SECTION 1. MICROLOAN DEMONSTRATION PROGRAM AMENDMENTS.
(a) Purposes.--Section 7(m)(1)(A)(iii) of the Small Business Act
(15 U.S.C. 636(m)(1)(A)(iii)) is amended--
(1) in subclause (I), by inserting ``commercial real
estate,'' after ``acquisition of''; and
(2) in subclause (III), by striking ``and'' at the end;
(3) by redesignating subclause (IV) as subclause (VI); and
(4) by inserting after subclause (III) the following new
subclauses:
``(IV) to make grants to eligible
intermediaries that, together with non-Federal
matching funds, will enable such intermediaries
to provide marketing, management, and technical
assistance to microloan borrowers that are
members of qualified Indian tribes;
``(V) to make grants to institutions of
higher education serving Indian lands that,
together with non-Federal matching funds, will
enable such institutions to provide instruction
on marketing, management, and technical
assistance to eligible intermediaries and to
mentors, in order to enable such intermediaries
and mentors to assist members of qualified
Indian tribes to obtain private sector
financing for their businesses, with or without
loan guarantees; and''.
(b) Establishment.--Section 7(m)(1)(B) of the Small Business Act
(15 U.S.C. 636(m)(1)(B)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new clauses:
``(iv) in conjunction with loans made under clause
(i) and subject to the requirements of paragraph (4),
make grants to eligible intermediaries for the purpose
of providing marketing, management, and technical
assistance to members of qualified Indian tribes that
are seeking to start or enlarge their small business
concerns and that are borrowers under this subsection;
and
``(v) subject to the requirements of paragraph (7),
make grants to institutions of higher education serving
Indian lands for the purpose of providing instruction
on marketing, management, and technical assistance to
eligible intermediaries and to mentors, in order to
enable such intermediaries and mentors to assist
members of qualified Indian tribes to obtain private
sector financing for their businesses, with or without
loan guarantees.''.
(c) Intermediary Applications.--Section 7(m)(3)(A)(i) of the Small
Business Act (15 U.S.C. 636(m)(3)(A)(i)) is amended--
(1) in subclause (VII), by striking ``and'' at the end;
(2) in subclause (VIII), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subclause:
``(IX) with respect to eligible
intermediaries serving Indian lands, any plan
to work with--
``(aa) an institution of higher
education that has received a grant
under paragraph (1)(B)(v); or
``(bb) a mentor that has received
training from any such institution of
higher education pursuant to such a
grant.''.
(d) Additional Technical Assistance Grants for Making Certain
Loans.--Section 7(m)(4) of the Small Business Act (15 U.S.C. 636(m)(4))
is amended in the matter preceding subparagraph (A), by striking
``subparagraph (B)(ii) of paragraph (1)'' and inserting ``clause (ii)
or (iv) of paragraph (1)(B)''.
(e) Loans From Eligible Intermediaries.--Section 7(m)(6)(A) of the
Small Business Act (15 U.S.C. 636(m)(6)(A)) is amended by inserting
``commercial real estate,'' after ``acquisition of''.
(f) Grants to Institutions of Higher Education.--Section 7(m) of
the Small Business Act (15 U.S.C. 636(m)) is amended--
(1) by redesignating paragraphs (7) through (11) as
paragraphs (9) through (13), respectively; and
(2) by inserting after paragraph (6) the following new
subparagraph:
``(7) Grants to institutions of higher education.--Grants
made in accordance with paragraph (1)(B)(v) shall be subject to
the following requirements:
``(A) Grant amounts.--For each eligible
intermediary receiving a grant under paragraph
(1)(B)(iv), 1 grant shall be made to a qualified
institution of higher education serving the same tribal
lands as the eligible intermediary. The amount of the
grant to the institution of higher education shall not
exceed the grant amount received by the eligible
intermediary pursuant to paragraph (1)(B)(iv).
``(B) Contribution.--As a condition of any grant
made under subparagraph (A), the Administration shall
require the institution of higher education to
contribute an amount equal to 25 percent of the amount
of the grant, obtained solely from non-Federal sources.
In addition to cash or other direct funding, the
contribution may include indirect costs or in-kind
contributions paid for under non-Federal programs.
``(C) Indian mentor education grants.--Institutions
of higher education receiving grants under paragraph
(1)(B)(v) shall be eligible to receive grants to
educate owners, managers, or employees of established
small business concerns for purposes of providing
additional technical assistance to small business
concerns located on or near Indian lands that are
borrowers under this subsection, as well as to other
small business concerns seeking private sector
financing.''.
(g) Indian Assistance.--Section 7(m) of the Small Business Act (15
U.S.C. 636(m)) is amended by inserting after paragraph (7), as added by
subsection (f), the following new paragraph:
``(8) Indian assistance.--In funding microloan programs,
the Administration shall ensure that not less than 10 percent
of the programs funded under this subsection will provide
microloans to small business concerns located on or near Indian
lands.''.
(h) Report to Congress.--Section 7(m)(12)(F) of the Small Business
Act (15 U.S.C. 636(m)(12)(F)), as redesignated by subsection (f), is
amended by inserting ``and to small business concerns located on or
near Indian lands'' immediately before the semicolon.
(i) Definitions.--Section 7(m)(13) of the Small Business Act (15
U.S.C. 636(m)(13)), as redesignated by subsection (f), is amended--
(1) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(2) by adding at the end the following new subparagraphs:
``(D) the term `Indian lands' has the same meaning
as in section 4(4) of the Indian Gaming Regulatory Act;
``(E) the term `Indian tribe' has the same meaning
as in section 4(e) of the Indian Self-Determination and
Education Assistance Act;
``(F) the term `institution of higher education'
has the same meaning as in section 1201(a) of the
Higher Education Act of 1965;
``(G) the term `mentor' means a business concern
that demonstrates, to the satisfaction of the
Administration, the capability to assist members of
qualified Indian tribes to obtain private sector
financing for their businesses, with or without loan
guarantees; and
``(H) the term `qualified Indian tribe' means an
Indian tribe with--
``(i) an employable adult population of not
less than 400 persons; and
``(ii) an unemployment rate of not less
than 40 percent;
based on the statistics of the Bureau of Indian
Affairs, Department of the Interior.''.
SEC. 2. IMPLEMENTATION.
Not later than 270 days after the date of enactment of this Act,
the Small Business Administration shall promulgate final regulations
implementing the amendments made by section 1.
SEC. 3. REPORT TO CONGRESS.
Not later than 180 days after the effective date of the regulations
promulgated in accordance with section 2, the Small Business
Administration shall report to the Congress regarding the effectiveness
of the amendments made by section 1 in improving the small business
climate and promoting business development on or near Indian lands, as
such term is defined in section 7(m)(13) of the Small Business Act. | Amends the Small Business Act to set aside ten percent of microloan assistance for qualifying Indian small business concerns.
Provides technical assistance grants to institutions of higher education for Indian mentor education programs. | {"src": "billsum_train", "title": "A bill entitled the \"Mentorship for American Indian Small Enterprise Act\"."} | 1,971 | 43 | 0.530576 | 1.445742 | 1.021277 | 2.333333 | 46.888889 | 0.833333 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Climate Change
Adapt America Bond Act of 2016''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CLIMATE CHANGE ADVISORY COMMISSION
Sec. 101. Establishment of Climate Change Advisory Commission.
Sec. 102. Duties.
Sec. 103. Commission personnel matters.
Sec. 104. Funding.
Sec. 105. Termination.
TITLE II--ADAPT AMERICA FUND
Sec. 201. Adapt America Fund.
Sec. 202. Compliance with Davis-Bacon Act.
Sec. 203. Funding.
TITLE III--CLIMATE CHANGE BONDS
Sec. 301. Climate Change Bonds.
Sec. 302. Promotion.
SEC. 2. DEFINITIONS.
Except as otherwise provided, in this Act:
(1) Commission.--The term ``Commission'' means the Climate
Change Advisory Commission established by section 101(a).
(2) Fund.--The term ``Fund'' means the Adapt America Fund
established by section 201(a)(1).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
TITLE I--CLIMATE CHANGE ADVISORY COMMISSION
SEC. 101. ESTABLISHMENT OF CLIMATE CHANGE ADVISORY COMMISSION.
(a) In General.--There is established a commission to be known as
the ``Climate Change Advisory Commission''.
(b) Membership.--The Commission shall be composed of 11 members--
(1) who shall be selected from the public and private
sectors and institutions of higher education; and
(2) of whom--
(A) 3 shall be appointed by the President, in
consultation with the Interagency Climate Change
Adaptation Task Force;
(B) 2 shall be appointed by the Speaker of the
House of Representatives;
(C) 2 shall be appointed by the minority leader of
the House of Representatives;
(D) 2 shall be appointed by the majority leader of
the Senate; and
(E) 2 shall be appointed by the minority leader of
the Senate.
(c) Terms.--Each member of the Commission shall be appointed for
the life of the Commission.
(d) Initial Appointments.--Each member of the Commission shall be
appointed not later than 90 days after the date of enactment of this
Act.
(e) Vacancies.--A vacancy on the Commission--
(1) shall not affect the powers of the Commission; and
(2) shall be filled in the manner in which the original
appointment was made.
(f) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the initial meeting of the Commission.
(g) Meetings.--The Commission shall meet at the call of the
Chairperson.
(h) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(i) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson from among the members of the
Commission.
SEC. 102. DUTIES.
The Commission shall--
(1) establish recommendations, frameworks, and guidelines
for a Federal investment program funded by revenue from Climate
Change Bonds issued under section 301 for States,
municipalities, and other public entities, including utility
districts, transit authorities, and multistate regulatory
bodies that--
(A) improves and adapts energy, transportation,
water, and general infrastructure impacted or expected
to be impacted due to climate variability; and
(B) integrates best available science, data,
standards, models, and trends that improve the
resiliency of infrastructure systems described in
subparagraph (A); and
(2) identify categories of the most cost-effective
investments and projects that emphasize multiple benefits to
commerce, human health, and ecosystems.
SEC. 103. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal employees.--A member of the Commission who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
(2) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of the
Federal Government.
(b) Travel Expenses.--A member of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws (including
regulations), appoint and terminate such personnel as are
necessary to enable the Commission to perform the duties of the
Commission.
(2) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of personnel without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to
classification of positions and General Schedule pay
rates.
(B) Maximum rate of pay.--The rate of pay for
personnel shall not exceed the rate payable for level V
of the Executive Schedule under section 5316 of title
5, United States Code.
SEC. 104. FUNDING.
The Commission shall use amounts in the Fund to pay for all
administrative expenses of the Commission.
SEC. 105. TERMINATION.
The Commission shall terminate on such date as the Commission
determines after the Commission carries out the duties of the
Commission under section 102.
TITLE II--ADAPT AMERICA FUND
SEC. 201. ADAPT AMERICA FUND.
(a) Establishment.--
(1) In general.--There is established within the Department
of Commerce the ``Adapt America Fund''.
(2) Responsibility of secretary.--The Secretary shall take
such action as the Secretary determines to be necessary to
assist in implementing the establishment of the Fund in
accordance with this Act.
(b) Climate Change Adaptation Projects.--The Secretary, in
consultation with the Commission, shall carry out a program to provide
funds to eligible applicants to carry out projects for a qualified
climate change adaptation purpose.
(c) Eligible Entities.--An entity eligible to participate in the
program under subsection (b) shall include--
(1) a Federal agency;
(2) a State or a group of States;
(3) a unit of local government or a group of local
governments;
(4) a utility district;
(5) a tribal government or a consortium of tribal
governments;
(6) a State or regional transit agency or a group of State
or regional transit agencies;
(7) a nonprofit organization;
(8) a special purpose district or public authority,
including a port authority; and
(9) any other entity, as determined by the Secretary.
(d) Application.--An eligible entity shall submit to the Secretary
an application for a project for a qualified climate change adaptation
purpose at such time, in such manner, and containing such information
as the Secretary may require.
(e) Selection.--The Secretary shall select projects from eligible
entities to receive funds under this section based on criteria and
guidelines determined and published by the Commission.
(f) Non-Federal Funding Requirement.--In order to receive funds
under this section, an eligible entity shall provide funds for the
project in an amount that is equal to not less than 25 percent of the
amount of funds provided under this section.
(g) Maintenance of Effort.--All amounts deposited in the Fund in
accordance with section 301(a) shall be used only to fund new projects
in accordance with this Act.
(h) Applicability of Federal Law.--Nothing in this Act waives the
requirements of any Federal law (including regulations) that would
otherwise apply to a qualified climate change project that receives
funds under this section.
SEC. 202. COMPLIANCE WITH DAVIS-BACON ACT.
(a) In General.--All laborers and mechanics employed by contractors
and subcontractors on projects funded directly by or assisted in whole
or in part by and through the Fund pursuant to this title shall be paid
wages at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of
Labor in accordance with subchapter IV of chapter 31 of part A of title
40, United States Code.
(b) Labor Standards.--With respect to the labor standards specified
in this section, the Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950 (64
Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States
Code.
SEC. 203. FUNDING.
The Secretary shall use funds made available to the Secretary and
not otherwise obligated to carry out the program under section 201(b).
TITLE III--CLIMATE CHANGE BONDS
SEC. 301. CLIMATE CHANGE BONDS.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of the Treasury or the Secretary's
delegate (referred to in this title as the ``Secretary'') shall issue
bonds to be known as ``Climate Change Bonds'', the proceeds from which
shall be deposited in the Fund.
(b) Savings Bond.--Any Climate Change Bond issued under this
section shall be issued by the Secretary as a savings bond in a manner
consistent with the provisions of section 3105 of title 31, United
States Code.
(c) Full Faith and Credit.--Payment of interest and principal with
respect to any Climate Change Bond issued under this section shall be
made from the general fund of the Treasury of the United States and
shall be backed by the full faith and credit of the United States.
(d) Exemption From Local Taxation.--All Climate Change Bonds issued
by the Secretary, and the interest on or credits with respect to such
bonds, shall not be subject to taxation by any State, county,
municipality, or local taxing authority.
(e) Amount of Climate Change Bonds.--The aggregate face amount of
the Climate Change Bonds issued annually under this section shall be
$200,000,000.
(f) Funding.--The Secretary shall use funds made available to the
Secretary and not otherwise obligated to carry out the purposes of this
section.
SEC. 302. PROMOTION.
(a) In General.--The Secretary shall promote the purchase of
Climate Change Bonds, as described in section 301, through such means
as are determined appropriate by the Secretary, with the amount
expended for such promotion not to exceed $10,000,000 for any fiscal
year during the period of fiscal years 2017 through 2021.
(b) Donated Advertising.--In addition to any advertising paid for
with funds made available under subsection (c), the Secretary shall
solicit the donation of advertising relating to the sale of Climate
Change Bonds described in section 301.
(c) Authorization of Appropriations.--For each fiscal year during
the period of fiscal years 2017 through 2021, there is authorized to be
appropriated $10,000,000 to carry out the purposes of this section. | Climate Change Adapt America Bond Act of 2016 This bill requires the Department of the Treasury to issue Climate Change Bonds. The proceeds from the bonds must be deposited in the Adapt America Fund established by this bill within the Department of Commerce. Commerce must carry out an investment program to fund projects, using bond revenue, that aid in adaption to climate change. The bill establishes the Climate Change Advisory Commission to: (1) establish recommendations, frameworks, and guidelines for the program; and (2) identify categories of the most cost-effective investments and projects that emphasize multiple benefits to commerce, human health, and ecosystems. | {"src": "billsum_train", "title": "Climate Change Adapt America Bond Act of 2016"} | 2,647 | 128 | 0.524978 | 1.499763 | 0.576292 | 4.360656 | 19.295082 | 0.901639 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promote Opportunities With Energy
Resources for Cuba Act'' or ``POWER Cuba Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Cuba produced an estimated 49,000 barrels per day of
petroleum and other liquid fuels for production of energy in
2014 and consumed 171,000 barrels per day of petroleum and
other liquids.
(2) Cuba imports most of its oil supply from Venezuela,
which provides crude oil at a heavily subsidized rate under a
2000 energy agreement.
(3) As of January 2015, Cuba had 124,000,000 barrels of
proven crude oil reserves, according to Oil and Gas Journal
(OGJ). The prospects of finding oil in the deep waters off the
northern coast of Cuba attracted many oil and gas companies
from around the world. However, due to geological and
technological challenges, offshore deep water exploration
activity has so far yielded no results. Exploration in Cuba has
now shifted onshore, to areas along Cuba's northern coast.
(4) Cuba has four refineries, all of which are owned by
Cuba Petroleos, the state-owned oil and natural gas company.
Total crude oil refining capacity was 301,400 barrels per day
in January 2015, according to Oil and Gas Journal.
(5) In an effort to diversify its energy portfolio, Cuba
has set a goal of producing 24 percent of its electricity from
renewable sources by 2030. Cuba's current renewable energy
output accounts for only 4.3 percent of its total electricity
production. To meet this goal, Union Electrica, the state-owned
power company, is planning 13 wind projects with a total
capacity of 633 megawatts. In addition, Cuba plans to add 755
megawatts of biomass-fired capacity, 700 megawatts of solar
capacity, and 56 megawatts of hydroelectric power.
(6) The end of trade restrictions could generate a new
market for many types of supplies and services from the United
States energy industry.
SEC. 3. OIL AND GAS EXPORTS.
(a) Energy Policy and Conservation Act.--Section 103 of the Energy
Policy and Conservation Act (42 U.S.C. 6212) is amended by adding at
the end the following:
``(g) This section shall not apply to the export of oil to Cuba.''.
(b) Natural Gas Act.--Section 3 of the Natural Gas Act (15 U.S.C.
717b) is amended by adding at the end the following:
``(g) This section shall not apply to the export of LNG to Cuba.''.
SEC. 4. EXPORT OF ENERGY RESOURCES, ENERGY TECHNOLOGIES, AND RELATED
SERVICES TO CUBA.
(a) In General.--Notwithstanding any other provision of law, the
President is authorized to permit any person subject to the
jurisdiction of the United States--
(1) to export energy resources and energy technologies to
Cuba;
(2) to export services related to energy resources and
energy technologies described in paragraph (1);
(3) to establish facilities related to energy resources and
energy technologies described in paragraph (1) and services
described in paragraph (2);
(4) to conduct any transaction incident to carrying out an
activity described in any of paragraphs (1) through (3); and
(5) to enter into, perform, and make and receive payments
under a contract with any individual or entity in Cuba with
respect to the provision of energy resources and energy
technologies described in paragraph (1) and services described
in paragraph (2).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, and not less frequently than annually thereafter
for 4 years, the President shall submit to the relevant committees of
Congress a report on the implementation of this section.
(c) Definitions.--In this section:
(1) Energy resources.--The term ``energy resources'' means
conventional sources of energy, including oil, gas, coal,
petrochemicals, and nuclear energy.
(2) Energy technologies.--The term ``energy technologies''
means equipment and expertise to enable the production of
energy, including renewable sources of energy such as wind,
solar, hydro-power, geothermal, and bio-fuels.
(3) Person subject to the jurisdiction of the united
states.--The term ``person subject to the jurisdiction of the
United States'' means--
(A) any individual, wherever located, who is a
citizen or resident of the United States;
(B) any person located in the United States;
(C) any corporation, partnership, association, or
other organization organized under the laws of the
United States or of any State, territory, possession,
or district of the United States; and
(D) any corporation, partnership, association, or
other organization, wherever organized or doing
business, that is owned or controlled by a person or
organization described in subparagraph (A), (B), or
(C).
(4) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Committee on Foreign Affairs, the Committee
on Energy and Commerce, and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Energy and Natural Resources, and the
Committee on Appropriations of the Senate. | Promote Opportunities With Energy Resources for Cuba Act or the POWER Cuba Act This bill declares that oil and gas export restrictions under the Energy Policy and Conservation Act and the Natural Gas Act shall not apply to Cuba. The President may permit any person subject to U.S. jurisdiction to: (1) export energy resources, energy technologies, and related services to Cuba; (2) establish energy resource- and technology-related facilities there; (3) conduct related transactions; and (4) enter into and make and receive payments under a contract with any individual or entity in Cuba regarding the provision of energy resources and energy technologies. | {"src": "billsum_train", "title": "POWER Cuba Act"} | 1,149 | 120 | 0.557688 | 1.541517 | 0.626306 | 3.588235 | 9.268908 | 0.932773 |
SECTION 1. PURPOSE.
The purpose of this Act is to authorize the Secretary of
Agriculture (referred to in this Act as the ``Secretary'') to sell or
exchange all or part of certain administrative sites and other lands in
the George Washington National Forest and the Jefferson National
Forest, and to use the value derived therefrom to acquire a replacement
site and to construct on the site suitable improvements for national
forest administrative purposes.
SEC. 2. SALE OR EXCHANGE OF LAND.
(a) In General.--The Secretary may, under such terms and conditions
as the Secretary may prescribe, sell or exchange any or all right,
title, and interest of the United States in and to the approximately
368 acres contained in the following tracts of land situated in the
State of Virginia:
(1) Tract J-1665 (approximately 101 acres), as shown on the map
titled ``Natural Bridge Juvenile Corrections Center, February 4,
1998''.
(2) Tract G-1312a (approximately 214 acres), Tract G-1312b
(approximately 2 acres), and Tract G1312a-I (approximately 10
acres), as shown on the plat titled ``George Washington National
Forest, Alleghany Construction Company, (1312a,-I,b), Alleghany
County, Virginia, June 1936''.
(3) Tract G-1709 (approximately 23 acres), as shown on the plat
titled ``James C. Doyle, Alleghany County, Virginia, April 13,
1993''.
(4) Tract G-1360 (consisting of Lots 31 and 32; approximately
.29 acres), Tract G-1361 (consisting of Lots 29 and 30;
approximately .29 acres), Tract G-1362 (consisting of Lots 22, 23,
and 24; approximately .43 acres), and Tract G-1363 (consisting of
Lot 21; approximately .14 acres), as shown on the plat titled ``Dry
River Road, George Washington National Forest, Warehouse Site,
Bridgewater, Rockingham County, Virginia, July 1936''.
(5) Tract G-1524 (consisting of Lot 13; approximately .13
acres), as shown on the plat titled ``Vertie E. Beery Tract,
Rockingham County, Virginia, February 3, 1966''.
(6) Tract G-1525 (consisting of Lots 11 and 12; approximately
.26 acres), as shown on the plat titled ``Charles F. Simmons Tract
1525, Rockingham County, Virginia, February 3, 1966''.
(7) Tract G-1486 (consisting of Lots 14, 15, and 16;
approximately .39 acres), as shown on the plat shown at Deed Book
133, Page 341 Rockingham Virginia Records of the D.S. Thomas Inc.
Addition, Town of Bridgewater.
(8) Tract N-123a (consisting of Lots 7 and 8; approximately
.287 acres), as shown on the plat titled ``George Washington
Forest. A.M. Rucker, Tract N-123a, Buena Vista, Virginia''.
(9) Tract N-123b (consisting of Lots 5 and 6; approximately
.287 acres), as shown on the plat titled ``George Washington Unit,
A.M. Rucker, N-123b, Rockbridge County, Virginia, city of Buena
Vista, dated 1942''.
(10) Tract G-1417 (approximately 1.2 acres), as shown on the
plat titled ``George Washington Unit, R.A. Warren, Tracts (1417-
1417a), Bath County, Virginia, May 1940''.
(11) Tract G-1520 (approximately 1 acre), as shown on the plat
titled ``Samuel J. Snead Tract, Bath County, Virginia, February 3,
1966''.
(12) Tract G-1522a (approximately .65 acres), as shown on the
plat titled ``Charles N. Loving Tract, Bath County, Virginia,
February 3, 1966''.
(13) Tract G-1582 (approximately .86 acres), as shown on the
plat titled ``Willie I. Haynes Tract, Bath County, Virginia,
January 1974''.
(14) Tract G-1582a (approximately .62 acres), as shown on the
plat titled ``Willie I. Haynes, Bath County, Virginia, January
1979''.
(15) Tract G-1673 (approximately 1.69 acres), as shown on the
plat titled ``Erwin S. Solomon Tract, Bath County, Virginia,
September 15, 1970''.
(16) Tract J-1497 (approximately 2.66 acres), as shown on the
plat titled ``James A. Williams, Tract 1497, January 24, 1990''.
(17) Tract J-1652 (approximately 1.64 acres), as shown on the
plat titled ``United States of America, Tract J-1652, Buchanan
Magisterial District, Botetourt County, Virginia, September 4,
1996''.
(18) Tract J-1653 (approximately 5.08 acres), as shown on the
plat titled ``United States of America, Tract J-1653, Peaks
Magisterial District, Bedford County, Virginia, November 4, 1996''.
The Secretary may acquire land, and existing or future administrative
improvements, in consideration for the conveyance of the lands
designated in this subsection.
(b) Applicable Authorities.--Except as otherwise provided in this
Act, any sale or exchange of all or a portion of the lands designated
in subsection (a) shall be subject to existing laws, rules, and
regulations applicable to the conveyance and acquisition of lands for
National Forest System purposes.
(c) Cash Equalization.--Notwithstanding any other provision of law,
the Secretary may accept cash equalization payments in excess of 25
percent of the total value of the lands designated in subsection (a)
from any exchange authorized by subsection (a).
(d) Solicitations of Offers.--In carrying out this Act, the
Secretary may use public or private solicitations of offers for sale or
exchange on such terms and conditions as the Secretary may prescribe.
The Secretary may reject any offer if the Secretary determines that the
offer is not adequate or not in the public interest.
SEC. 3. DISPOSITION OF FUNDS.
Any funds received by the Secretary through sale or by cash
equalization from an exchange shall be deposited into the fund provided
by the Act of December 4, 1967 (16 U.S.C. 484a), commonly known as the
Sisk Act, and shall be available for expenditure, upon appropriation,
for--
(1) the acquisition of lands, and interests in the lands, in
the State of Virginia; and
(2) the acquisition or construction of administrative
improvements in connection with the George Washington and Jefferson
National Forests.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes the Secretary of Agriculture to convey certain lands in Virginia for other lands or, if amounts are received through sale, to deposit receipts in a specified fund to be used for acquisition of lands in Virginia and acquisition or construction of administrative improvements in the George Washington and Jefferson National Forests. | {"src": "billsum_train", "title": "To authorize the Secretary of Agriculture to convey certain lands and improvements in the State of Virginia, and for other purposes."} | 1,582 | 65 | 0.478774 | 1.289365 | 0.623316 | 1.945455 | 24.254545 | 0.854545 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Stop
Counterfeiting in Manufactured Goods Act''.
(b) Findings.--The Congress finds that--
(1) the United States economy is losing millions of dollars
in tax revenue and tens of thousands of jobs because of the
manufacture, distribution, and sale of counterfeit goods;
(2) the International Chamber of Commerce estimates that
seven percent of world trade is in counterfeit manufactured
goods, and the counterfeit market is worth $350,000,000,000;
(3) counterfeit automobile parts, including brake pads,
cost the auto industry alone billions of dollars in lost sales
each year;
(4) counterfeit products have invaded numerous industries
including those producing auto parts, electrical appliances,
medicines, tools, toys, office equipment, clothing, and many
other products;
(5) ties have been established between counterfeiting and
terrorist organizations that use the sale of counterfeit goods
to raise and launder money;
(6) ongoing counterfeiting of manufactured goods poses a
widespread threat to public health and safety; and
(7) strong domestic criminal remedies against
counterfeiting will permit the United States to seek stronger
anticounterfeiting provisions in bilateral and international
agreements with trading partners.
SEC. 2. TRAFFICKING IN COUNTERFEIT MARKS.
Section 2320 of title 18, United States Code, is amended as
follows:
(1) Subsection (a) is amended by inserting after ``such
goods or services'' the following: ``or intentionally traffics
or attempts to traffic in counterfeit marks''.
(2) Subsection (b) is amended to read as follows:
``(b)(1) Upon a determination by a preponderance of the evidence
that any articles in the possession of a defendant in a prosecution
under this section bear or are counterfeit marks, the court shall order
the forfeiture and destruction of such articles, regardless of the
criminal culpability of the defendant.
``(2) The court, in imposing a sentence upon a person convicted of
a violation of this section, or upon a person who pleads guilty or nolo
contendre to a violation of this section, shall order, in addition to
any other sentence imposed, that the person forfeit to the United
States--
``(A) any property constituting or derived from any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(B) any of the person's property used, or intended to be
used, in any manner or part, to commit, facilitate, aid, or
abet the commission of such violation,
if the court in its discretion so determines, taking into account the
nature, scope, and proportionality of the use of the property in the
offense.
``(3) When a person is convicted of a violation of this section, or
pleads guilty or nolo contendre to a violation of this section, the
court, pursuant to sections 3556, 3663A(c)(1)(A)(ii), and 3664, shall
order the person to pay restitution to the owner of the mark and any
other victim of the offense.
``(4) The term `victim', as used in paragraph (3), shall have the
meaning given that term in section 3663A(a)(2).''.
(3) Subsection (e)(1) is amended--
(A) in subparagraph (A)(iii), by striking ``or''
after the semicolon; and
(B) by inserting after subparagraph (B) the
following:
``(C) a spurious mark--
``(i) that is identical with, or
substantially indistinguishable from, a mark
registered on the principal register in the
United States Patent and Trademark Office under
section 1 of the Lanham Act and in use, whether
or not the defendant knew such mark was so
registered; and
``(ii) that is applied to or consists of a
label, patch, sticker, wrapper, badge, emblem,
medallion, charm, box, container, can, case,
hangtag, documentation, or packaging of any
type or nature that is designed to be affixed
to, distributed with, consist of, or otherwise
accompany goods or services; or
``(D) a spurious mark--
``(i) that is used in connection with the
trafficking of goods or services; and
``(ii) that is identical with, or
substantially indistinguishable from, a famous
mark that is registered on the principal
register in the United States Patent and
Trademark Office under section 1 of the Lanham
Act and in use, regardless of the goods or
services or class of goods or services for
which the famous mark is registered, and
regardless of whether or not the defendant knew
such mark was so registered and famous;''.
(4) Section 2320 is further amended--
(A) by redesignating subsection (f) as subsection
(g); and
(B) by inserting after subsection (e) the
following:
``(f)(1) In determining whether a particular mark is a `famous
mark' under this section, the court may consider information, data,
testimony, and documentation regarding factors such as, but not limited
to--
``(A) the degree of inherent or acquired distinctiveness of
the mark;
``(B) the duration and extent of use of the mark;
``(C) the duration and extent of advertising and publicity
of the mark;
``(D) the geographical extent of the trading area in which
the mark is used;
``(E) the channels of trade in which the mark is used;
``(F) the degree of general public recognition of the mark;
``(G) the nature and extent of use of the same or similar
marks by third parties;
``(H) survey evidence; and
``(I) the record of successful criminal, civil, or
administrative enforcement of rights in the mark, including, in
particular, the extent to which the mark has been recognized as
being famous by Federal or State courts or administrative
authorities.
``(2) In order to qualify as a famous mark under this section, the
mark must be registered on the principal register of the United States
Patent and Trademark Office under section 1 of the Lanham Act.
``(3) The United States shall bear both the burden of proof and
persuasion with respect to the determination of whether a particular
mark is a famous mark under this section. Evidence, in the form of a
certified copy of a published court or administrative opinion, of a
prior determination, on the merits, by a Federal or State court or
administrative authority, holding that a particular mark is a famous
mark (regardless of whether the proceedings leading to the
determination were civil, criminal, or administrative in nature), shall
create a rebuttable presumption that the mark in question is a famous
mark.
``(4) A person may not be prosecuted under this section by virtue
of a mark that is a counterfeit mark if the person has, or is the agent
or employee of a legal entity that has, lawfully registered that mark
on the principal register of the United States Patent and Trademark
Office under section 1 of the Lanham Act and that registration is valid
at the time of the alleged offense.''. | Stop Counterfeiting in Manufactured Goods Act - Modifies Federal criminal code provisions regarding trafficking in counterfeit goods or services to prohibit trafficking in counterfeit marks. Directs the court: (1) upon a determination by a preponderance of the evidence that any articles in a defendant's possession bear or are counterfeit marks, to order the forfeiture and destruction of such articles, regardless of the defendant's criminal culpability; and (2) in imposing sentence, to order a person convicted of, or who pleads guilty or nolo contendre to, a violation to forfeit any property derived from proceeds of, or used in the commission of, the violation.
Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to, or consists of, a label, patch or medallion.
Authorizes the court, in determining whether a particular mark is a "famous mark," to consider information, data, testimony, and documentation regarding specified factors, such as the degree of inherent or acquired distinctiveness and the degree of general public recognition of the mark, and the record of successful criminal, civil, or administrative enforcement of rights in the mark. Places upon the United States the burden of proof and persuasion regarding the determination of whether a particular mark is a famous mark.
Prohibits prosecution of a person by virtue of a counterfeit mark that has been lawfully registered and that is valid at the time of the alleged offense. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to provide criminal penalties for trafficking in counterfeit marks."} | 1,595 | 332 | 0.585829 | 1.714508 | 0.967324 | 3.963235 | 5.621324 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abandoned and Derelict Vessel
Removal Act of 1997''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Abandon.--The term ``abandon'' means to moor, strand,
wreck, sink, or leave a vessel unattended for longer than 45
days.
(2) Navigable waters of the united states.--The term
``navigable waters of the United States'' means waters of the
United States, including the territorial sea.
(3) Removal; remove.--The term ``removal'' or ``remove''
means relocation, sale, scrapping, or other method of disposal.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(5) Vessel.--the term ``vessel'' includes recreational,
commercial, and government-owned vessels but does not include
vessels operated by the Coast Guard or the Navy.
(6) Vessel removal contractor.--The term ``vessel removal
contractor'' means a person that enters into a contract with
the United States to remove an abandoned vessel under this Act.
SEC. 3. ABANDONMENT OF VESSEL PROHIBITED.
An owner or operator of a vessel may not abandon it on the
navigable waters of the United States. A vessel is deemed not to be
abandoned if--
(1) it is located at a federally or State-approved mooring
area;
(2) it is on private property with the permission of the
owner of the property; or
(3) the owner or operator notifies the Secretary that the
vessel is not abandoned and the location of the vessel.
SEC. 4. PENALTY FOR UNLAWFUL ABANDONMENT OF VESSEL.
Thirty days after the notification procedures under section 5(a)(1)
are completed, the Secretary may assess a civil penalty of not more
than $500 for each day of the violation against an owner or operator
that violates section 3. A vessel with respect to which a penalty is
assessed under this Act is liable in rem for the penalty.
SEC. 5. REMOVAL OF ABANDONED VESSELS.
(a) Procedures.--
(1) In general.--The Secretary, in cooperation with the
Commandant of the Coast Guard, may remove a vessel that is
abandoned if--
(A) an elected official of a local government has
notified the Secretary of the vessel and requested that
the Secretary remove the vessel; and
(B) the Secretary has provided notice to the owner
or operator--
(i) that if the vessel is not removed it
will be removed at the owner or operator's
expense; and
(ii) of the penalty under section 4.
(2) Form of notice.--The notice to be provided to an owner
or operator under paragraph (1)(B) shall be--
(A) if the identity of the owner or operator can be
determined, via certified mail; and
(B) if the identity of the owner or operator cannot
be determined, via an announcement in a notice to
mariners and in an official journal of the county (or
other equivalent political subdivision) in which the
vessel is located.
(3) Limitation on liability of united states.--The United
States, and any officer or employee of the United States is not
liable to an owner or operator for damages resulting from
removal of an abandoned vessel under this Act.
(b) Liability of Owner or Operator.--The owner or operator of an
abandoned vessel is liable, and an abandoned vessel is liable in rem,
for all expenses that the United States incurs in removing the
abandoned vessel under this Act.
(c) Contracting Out.--
(1) Solicitation of bids.--The Secretary may, after
providing notice under subsection (a)(1), solicit by public
advertisement sealed bids for the removal of an abandoned
vessel.
(2) Contract.--After solicitation under paragraph (1) the
Secretary may award a contract. The contract--
(A) may be subject to the condition that the vessel
and all property on the vessel is the property of the
vessel removal contractor; and
(B) must require the vessel removal contractor to
submit to the Secretary a plan for the removal.
(3) Commencement date for removal.--Removal of an abandoned
vessel may begin 30 days after the Secretary completes the
procedures under subsection (a)(1).
SEC. 6. LIABILITY OF VESSEL REMOVAL CONTRACTORS.
A vessel removal contractor and its subcontractor are not liable
for damages that result from actions taken or omitted to be taken in
the course of removing a vessel under this Act. This section does not
apply--
(1) with respect to personal injury or wrongful death; or
(2) if the contractor or subcontractor is grossly negligent
or engages in willful misconduct.
SEC. 7. RELATIONSHIP TO STATE LAW.
This Act shall not be construed to preempt any provision of the
laws of any State or local government that provides greater protection
against the abandonment of vessels or that better ensures the removal
of abandoned vessels.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act such
sums as may be necessary for fiscal years beginning after September 30,
1997. Such funds shall remain available until expended. | Abandoned and Derelict Vessel Removal Act of 1997 - Prohibits an owner or operator from abandoning a vessel on the navigable waters of the United States.
Authorizes the Secretary of the Army to assess a civil penalty for each day of violation. Sets forth abandoned vessels' removal procedures, and liability guidelines for vessel removal contractors.
Declares that this Act does not preempt State or local laws that either provide greater protection against abandonment, or better ensure such vessels' removal.
Authorizes appropriations. | {"src": "billsum_train", "title": "Abandoned and Derelict Vessel Removal Act of 1997"} | 1,192 | 117 | 0.620434 | 1.564426 | 0.609701 | 2.468085 | 11.340426 | 0.851064 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Regulation and Management of
Solid Waste Act of 1995''.
TITLE I--GENERAL AMENDMENTS
SEC. 101. FINDINGS.
(a) Solid Waste.--Section 1002(a)(4) of the Solid Waste Disposal
Act (42 U.S.C. 6901(a)) is amended to read as follows:
``(4) that while the collection and disposal of solid waste
should continue to be primarily the function of State,
regional, and local agencies, the problems of waste disposal
described in this subsection have become a matter national in
scope and in concern and necessitate Federal action by--
``(A) requiring that each State develop a program
for the management and disposal of solid waste
generated within each State by the year 2015;
``(B) authorizing each State to restrict the
importation of solid waste from a State of origin for
purposes of solid waste management other than
transportation; and
``(C) providing financial and technical assistance
and leadership in the development, demonstration, and
application of new and improved methods and processes
to reduce the quantity of waste and unsalvageable
materials and to provide for proper and economical
solid waste disposal practices.''.
(b) Environment and Health.--Section 1002(b) of the Solid Waste
Disposal Act (42 U.S.C. 6901(b)) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking paragraph (8) and inserting the following:
``(8) alternatives to existing methods of land disposal
must be developed, because it is estimated that 80 percent of
all permitted landfills will close by the year 2015; and''; and
(3) by adding at the end the following new paragraph:
``(9) the transportation of solid waste long distances
across country for purposes of solid waste management and, in
some cases, in the same vehicles that carry consumer goods is
harmful to the public health and measures should be adopted to
ensure public health is protected when the goods are
transported in the same vehicles as solid waste is
transported.''.
SEC. 102. OBJECTIVES AND NATIONAL POLICY.
(a) Objectives.--Section 1003(a) of the Solid Waste Disposal Act
(42 U.S.C. 6902(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) ensuring that each State has a program to manage
solid waste generated within its borders and providing
technical and financial assistance to State and local
governments and interstate agencies for the development of
solid waste management plans (including recycling, resource
recovery, and resource conservation systems) that will promote
improved solid waste management techniques (including more
effective organization arrangements), new and improved methods
of collection, separation, and recovery of solid waste, and the
environmentally safe disposal of nonrecoverable residues;'';
(2) by striking ``and'' at the end of paragraph (10);
(3) by striking the period at the end of paragraph (11) and
inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
``(12) promoting the use of regional and interstate
agreements for economically efficient and environmentally sound
solid waste management practices, and for construction and
operation of solid waste recycling and resource recovery
facilities; and
``(13) promoting recycling and resource recovery of solid
waste through the development of markets for recycled products
and recovered resources.''.
SEC. 103. DEFINITIONS.
Section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) is
amended--
(1) by striking paragraph (12) and inserting the following:
``(12) The term `manifest' means the form used for
identifying the quantity, composition, and the origin, routing,
and destination of solid and hazardous waste during its
transportation from the point of generation to the point of
disposal, treatment, storage, recycling, and resource
recovery.'';
(2) in paragraph (28), by inserting ``recycling, resource
recovery,'' before ``treatment,'';
(3) in paragraph (29)(C), by inserting ``recycling,''
before ``treatment'';
(4) in paragraph (32)--
(A) by striking ``means any'' and inserting
``means--
``(A) any'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(B) refuse (or refuse-derived fuel) collected
from the general public more than 30 percent of which
consists of paper, wood, yard wastes, food waste,
plastics, leather, rubber, and other combustible
materials and noncombustible materials such as glass
and metal including household wastes, sludge and waste
from institutional, commercial, and industrial sources,
but does not include industrial process waste, medical
waste, hazardous waste, or `hazardous substance', as
those terms are defined in section 1004 or in section
101 of the Comprehensive Environmental Response,
Compensation and Liability Act (42 U.S.C. 6901).''; and
(5) by adding at the end the following new paragraphs:
``(42) The term `recycling' means any use, reuse or
reclamation of a solid waste.
``(43) The term `State of final destination' means a State
that authorizes a person to transport solid waste from a State
of origin into the State for purposes of solid waste management
other than transportation.
``(44) The term `State of origin' means a State that
authorizes a person to transport solid waste generated within
its borders to a State of final destination for purposes of
solid waste management other than transportation.''.
TITLE II--STATE SOLID WASTE MANAGEMENT PLANS
SEC. 201. OBJECTIVES OF SUBTITLE D.
Section 4001 of the Solid Waste Disposal Act (42 U.S.C. 6941) is
amended to read as follows:
``SEC. 4001. OBJECTIVES OF SUBTITLE.
``(a) In General.--The objectives of this subtitle are to reduce to
the maximum extent practicable the quantity of solid waste generated
and disposed of prior to the year 2015 by requiring each State to
develop a program that--
``(1) meets the objectives set out in section 102;
``(2) reduces the quantity of solid waste generated in the
State and encourages resource conservation; and
``(3) facilitates the recycling of solid waste and the
utilization of valuable resources, including energy and
materials that are recoverable from solid waste.
``(b) Means.--The objectives stated in subsection (a) are to be
accomplished through--
``(1) Federal guidelines and technical and financial
assistance to States;
``(2) encouragement of cooperation among Federal, State,
and local governments and private individuals and industry;
``(3) encouragement of States to enter into interstate or
regional agreements to facilitate environmentally sound and
efficient solid waste management; and
``(4) approval and oversight of the implementation of solid
waste management plans.''.
SEC. 202. STATE SOLID WASTE MANAGEMENT PLANS.
(a) Minimum Requirements.--Section 4003 of the Solid Waste Disposal
Act (42 U.S.C. 6943) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``each State plan must comply with the
following minimum requirements--'' and inserting ``each
State Solid Waste Management Plan must comply with the
following minimum requirements:'';
(B) by striking paragraphs (5) and (6) and
inserting the following:
``(5) The plan shall identify the quantities, types,
sources, and characteristics of solid wastes that are
reasonably expected to be generated within the State or
transported to the State from a State of origin during each of
the 20 years following the year 1995 and that are reasonably
expected to be managed within the State during each of those
years.
``(6) The plan shall provide that the State acting
directly, through authorized persons, or through interstate or
regional agreements, will ensure the availability of solid
waste management capacity to manage the solid waste described
in paragraph (5) in a manner that is environmentally sound and
that meets the objectives of this subtitle.''; and
(C) by adding at the end the following new
paragraphs:
``(7) When identifying the quantity of solid waste
management capacity necessary to manage the solid waste
described in paragraph (5), the State shall take into account
solid waste management agreements in effect upon the date of
enactment of this paragraph that exist between a person
operating within the State and any person in a State or States
contiguous with the State.
``(8) The plan shall provide for the identification and
annual certification to the Administrator concerning--
``(A) how the State has met the objectives of this
subtitle;
``(B) whether the State has issued permits
consistent with all the requirements of this Act for
capacity sufficient to manage the solid waste described
in paragraph (5) for an ensuing 5-year period; and
``(C) identification and approval by the State of
the sites for capacity described in paragraph (5) for
an ensuing 8-year period.
``(9) The plan shall provide that all solid waste
management facilities located in the State meet all applicable
Federal and State laws and for the enactment of such State and
local laws as may be necessary to fulfill the purposes of this
Act.
``(10)(A) The plan shall provide for a program that
requires all solid waste management facilities located or
operating in the State to register with the State and that only
registered facilities may manage solid waste described in
paragraph (5).
``(B) Registration of facilities for the purpose of
subparagraph (A) shall at a minimum include--
``(i) the name and address of the owner and
operator of the facility;
``(ii) the address of the solid waste management
facility;
``(iii) the type of solid waste management used at
the facility; and
``(iv) the quantities, types, and sources of waste
to be managed by the facility.
``(11) The plan shall provide for technical and financial
assistance to local communities to meet the requirement of the
plan.
``(12) The plan shall--
``(A) specify the conditions under which the State
will authorize a person to accept solid waste from a
State of origin for purposes of solid waste management
other than transportation; and
``(B) ensure that the waste is managed in
accordance with the plan and that acceptance of the
waste will not impede the ability of the State of final
destination to manage solid waste generated within its
borders.''; and
(2) by adding at the end the following new subsection:
``(e) Prohibition.--Upon the expiration of 180 days after the date
of approval of a State's Solid Waste Management Plan required by this
section or on the date on which a State plan becomes effective pursuant
to section 4007(d), it shall be unlawful for a person to manage solid
waste within that State, to transport solid waste generated in that
State to a State of final destination, and to accept solid waste from a
State of origin for purposes of solid waste management other than
transportation unless the activities are authorized and conducted
pursuant to the approved plan.''.
(b) Procedure.--Section 4006 of the Solid Waste Disposal Act (42
U.S.C. 6946) is amended by adding at the end the following new
subsection:
``(d) Submission of Plans.--Not later than 4 years after the date
of enactment of this subsection, each State shall, after consultation
with the public, other interested parties, and local governments,
submit to the Administrator for approval a plan that complies with the
requirements of section 4003(a).''.
(c) Approval.--Section 4007 of the Solid Waste Disposal Act (42
U.S.C. 6947) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) it meets the requirements of section 4003(a);''.
(B) by striking the period at the end of paragraph
(2) and inserting ``; and'';
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) it furthers the objectives of section 4001.''; and
(D) by striking the third sentence and inserting
the following: ``Upon receipt of each State's
certification required by section 4003(a)(8), the
Administrator shall determine whether the approved plan
is in compliance with section 4003, and if the
Administrator determines that revision or corrections
are necessary to bring the plan into compliance with
the minimum requirements promulgated under section 4003
(including new or revised requirements), the
Administrator shall, after notice and opportunity for
public hearing, withhold approval of the plan.''; and
(2) by adding at the end the following new subsection:
``(d) Failure of the Administrator To Act on a State Plan.--If the
Administrator fails to approve or disapprove a plan within 18 months
after a State plan has been submitted for approval, the State plan as
submitted shall go into effect at the expiration of 18 months after the
plan was submitted, subject to review by the Administrator and revision
in accordance with section 4007(a).''.
TITLE III--INTERSTATE TRANSPORT OF WASTE
SEC. 301. AUTHORITY OF STATES TO CONTROL INTERSTATE SHIPMENT OF SOLID
WASTE.
Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)
is amended by adding at the end the following new sections:
``SEC. 4011. AUTHORITY TO RESTRICT INTERSTATE TRANSPORT OF SOLID WASTE.
(a) In General.--Upon the expiration of 180 days after the date on
which the Administrator approves a Solid Waste Management Plan required
by section 4003 or after the date a State plan becomes effective in
accordance with section 4007(d), a State with an approved or effective
State plan may prohibit or restrict a person from importing solid waste
from a State of origin for purposes of solid waste management (other
than transportation).
``(b) Limitation.--A State may authorize a person to import solid
waste from a State of origin for purposes of solid waste management
(other than transportation) only in accordance with section
4003(a)(12).
``SEC. 4012. FEES.
``(a) In General.--A State may levy fees on solid waste that
differentiate rates or other aspects of payment on the basis of solid
waste origin.
``(b) Allocation.--At least 50 percent of the revenues received
from the fees collected shall be allocated by the State to the local
government of the jurisdictions in which the solid waste will be
managed. The fees shall be used by local governments for the purpose of
carrying out an approved plan.''.
TITLE IV--FINANCIAL ASSISTANCE
SEC. 401. FEDERAL ASSISTANCE.
Section 4008(a) of the Solid Waste Disposal Act (42 U.S.C. 6948) is
amended--
(1) in paragraph (1), by striking ``appropriated'' and all
that follows through ``1988'' and inserting ``appropriated
$100,000,000 for each of fiscal years 1996, 1997, and 1998'';
and
(2) by adding at the end of paragraph (2) the following new
subparagraph:
``(E) There are authorized to be appropriated $25,000,000 for each
of fiscal years 1996 through 1998 for the purposes of providing grants
to States for the encouragement of recycling, resource recovery, and
resource conservation activities. The activities shall include
licensing and construction of recycling, resource recovery, and
resource conservation facilities within the State and the development
of markets for recycled products.''.
SEC. 402. RURAL COMMUNITIES ASSISTANCE.
Section 4009(d) of the Solid Waste Disposal Act (42 U.S.C. 6949) is
amended--
(1) in subsection (a), by striking ``section 4005'' and
inserting ``sections 4004 and 4005''; and
(2) by striking subsection (d) and inserting the following:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 1996, 1997, and 1998.''. | TABLE OF CONTENTS:
Title I: General Amendments
Title II: State Solid Waste Management Plans
Title III: Interstate Transport of Waste
Title IV: Financial Assistance
State Regulation and Management of Solid Waste Act of 1995 -
Title I: General Amendments
- Amends the Solid Waste Disposal Act to revise provisions concerning congressional findings and objectives.
Title II: State Solid Waste Management Plans
- Sets forth as the objective of this title the reduction of solid waste generated and disposed of prior to the year 2015 by requiring States to develop programs which: (1) reduce the generation of solid waste, encourage resource conservation, and meet other specified objectives; and (2) facilitate the recycling of, and the use of valuable resources from, such waste.
Requires State waste management plans to: (1) identify the quantities, types, sources, and characteristics of solid wastes that are expected to be generated within, transported to, or managed by, the State during each of the 20 years following 1995; (2) ensure the availability of capacity to manage waste in an environmentally sound manner; (3) provide for annual certifications to the Administrator of the Environmental Protection Agency with respect to meeting objectives and capacity to manage waste; (4) provide that all solid waste management facilities in the State meet Federal and State laws and allow only registered facilities to manage waste; (5) provide for technical and financial assistance to local communities to meet plan requirements; and (6) specify the conditions under which the State will authorize the acceptance of solid waste from other States.
Title III: Interstate Transport of Waste
- Authorizes a State with an approved solid waste management plan to prohibit or restrict the importation of solid waste from another State for management purposes (other than transportation). Permits States to levy fees on solid waste. Requires at least 50 percent of such fees to be allocated to the local government managing the waste.
Title IV: Financial Assistance
- Authorizes appropriations for: (1) assistance to States and local and regional authorities for developing and implementing solid waste management plans; (2) grants to States to encourage recycling and resource recovery and conservation; and (3) assistance to rural communities for solid waste management. | {"src": "billsum_train", "title": "State Regulation and Management of Solid Waste Act of 1995"} | 3,696 | 444 | 0.644214 | 1.822676 | 0.725622 | 2.855234 | 7.64588 | 0.895323 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chimayo Water Supply System and
Espanola Filtration Facility Act of 2004''.
TITLE I--CHIMAYO WATER SUPPLY SYSTEM
SEC. 101. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) Study area.--The term ``study area'' means the Santa Cruz
River Valley in the eastern margin of the Espanola Basin.
(3) System.--The term ``system'' means a water supply system
described in section 102(a).
(4) Town.--The term ``Town'' means the town of Chimayo, New
Mexico, located in Rio Arriba County and Santa Fe County, New
Mexico.
SEC. 102. CHIMAYO WATER SUPPLY SYSTEM FEASIBILITY STUDY.
(a) In General.--The Secretary, in cooperation with appropriate
State and local authorities, shall conduct a study to determine the
feasibility of constructing a water supply system for the Town in the
study area that includes potable water transmission lines, pump
stations, and storage reservoirs.
(b) Scope of Study.--In conducting the study under subsection (a),
the Secretary shall--
(1) consider operating the system in connection with the
Espanola Water Filtration Facility;
(2) consider various options for supplying water to the Town,
including connection to a regional water source, local sources,
sources distributed throughout the Town, and sources located on
adjacent Bureau of Land Management land;
(3) consider reusing or recycling water from local or regional
sources;
(4) consider using alternative water supplies such as surface
water, brackish water, nonpotable water, or deep aquifer
groundwater; and
(5) determine the total lifecycle costs of the system,
including--
(A) long-term operation, maintenance, replacement, and
treatment costs of the system; and
(B) management costs (including personnel costs).
(c) Deadline for Study.--As soon as practicable, but not later than
3 years after the date of enactment of this Act, the Secretary shall
complete the study.
(d) Cost Sharing.--The Federal share of the cost of the study shall
be 75 percent.
(e) Coordination.--The Secretary shall coordinate activities of the
Bureau of Reclamation, the Bureau of Land Management, and the United
States Geological Survey in the furtherance of the study, including--
(1) accessing any Bureau of Land Management land adjacent to
the study area that is necessary to carry out this section; and
(2) the drilling of any exploratory wells on Bureau of Land
Management land adjacent to the study area that are necessary to
determine water resources available for the Town.
(f) Report.--The Secretary shall submit to Congress a report on the
results of the feasibility study not later than the earlier of--
(1) the date that is 1 year after the date of completion of the
feasibility study; or
(2) the date that is 4 years after the date of enactment of
this Act.
SEC. 103. EMERGENCY WATER SUPPLY DEVELOPMENT ASSISTANCE.
(a) In General.--The Secretary may enter into contracts with water
authorities in the study area to provide emergency water supply
development assistance to any eligible person or entity, as the
Secretary determines to be appropriate.
(b) Eligible Activities.--The Secretary may provide assistance
under subsection (a) for--
(1) hauling water;
(2) the installation of water purification technology at the
community wells or individual point-of-use;
(3) the drilling of wells;
(4) the installation of pump stations and storage reservoirs;
(5) the installation of transmission and distribution pipelines
to bring water to individual residential service connections;
(6) the engineering, design, and installation of an emergency
water supply system; and
(7) any other eligible activity, as the Secretary determines to
be appropriate.
(c) Cost Sharing.--The Federal share of the cost of any activity
under this section shall be 75 percent.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated--
(1) to carry out section 102, $2,000,000 for the period of
fiscal years 2005 through 2008; and
(2) to carry out section 103, $3,000,000 for the period of
fiscal years 2005 through 2010.
(b) Limitation.--Amounts made available under subsection (a)(1)
shall not be available for the construction of water infrastructure for
the system.
TITLE II--ESPANOLA WATER FILTRATION FACILITY
SEC. 201. DEFINITIONS.
In this title:
(1) Component.--The term ``component'' means a water delivery
infrastructure development described in section 202(b).
(2) Facility.--The term ``facility'' means the Espanola water
filtration facility described in section 202(a).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Commissioner of Reclamation.
SEC. 202. ESPANOLA WATER FILTRATION FACILITY.
(a) In General.--The Secretary shall provide financial assistance
to the city of Espanola, New Mexico, for the construction of an
Espanola water filtration facility consisting of projects--
(1) to divert and fully use imported water to meet future
demands in the greater Espanola, New Mexico region, including
construction of--
(A) presedimentation basins for removal of sediments;
(B) an influent pump station to supply water into treatment
facilities;
(C) a pretreatment facility;
(D) filtration facilities;
(E) finished water storage facilities;
(F) a finished water booster pump station;
(G) sludge dewatering facilities; and
(H) potable water transmission lines to connect into the
water distribution facilities of the city of Espanola, New
Mexico; and
(2) to use reclaimed water to enhance groundwater resources and
surface water supplies.
(b) Participation.--The Secretary may provide financial assistance
to the Santa Clara and San Juan Pueblos of New Mexico and the non-
Federal sponsors of the facility for the study, planning, design, and
construction of a water delivery infrastructure development for the
Santa Clara and San Juan Pueblos as a component of the facility.
(c) Cost Sharing.--The Federal share of the total cost of the
facility and the component shall not exceed 25 percent.
(d) Limitation on Use of Funds.--Funds provided by the Secretary
may not be used for the operation or maintenance of the facility or the
component.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the construction of the
facility $3,000,000 for the period of fiscal years 2005 through 2009.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Chimayo Water Supply System and Espanola Filtration Facility Act of 2004 - Title I: Chimayo Water Supply System - (Sec. 102) Directs the Secretary of the Interior to study the feasibility of constructing a water supply system that includes potable water transmission lines, pump stations, and storage reservoirs for the town of Chimayo, New Mexico, in the Santa Cruz River Valley in the eastern margin of the Espanola Basin (study area). Requires the Secretary to determine the total life cycle costs of the system and to consider: (1) operating the system in connection with the Espanola Water Filtration Facility; (2) various water sources for the Town; (3) reusing or recycling water from local or regional sources; and (4) using alternative water supplies. Sets the Federal share of the cost of the study at 75 percent.
Directs the Secretary to coordinate activities of the Bureau of Reclamation, the Bureau of Land Management (BLM), and the United States Geological Survey in furtherance of the study, including accessing BLM land adjacent to the study area and drilling exploratory wells on such land that are necessary to determine water resources available for the town.
(Sec. 103) Authorizes the Secretary to enter into contracts with water authorities in the study area to provide emergency water supply development assistance to any eligible person or entity, including for hauling water, installing water purification technology at community wells or individual point-of-use, drilling wells, installing pump stations and storage reservoirs, installing transmission and distribution pipelines to bring water to individual residential service connections, and the engineering, design, and installation of an emergency water supply system. Sets the Federal share of the cost of any such activity at 75 percent.
(Sec. 104) Authorizes appropriations, with a limitation on the use of funds for the construction of water infrastructure for the system.
Title II: Espanola Water Filtration Facility - (Sec. 202) Directs the Secretary, acting through the Commissioner of Reclamation, to provide financial assistance to the city of Espanola, New Mexico, for the construction of an Espanola water filtration facility to: (1) divert and fully use imported water to meet future demands in the region; and (2) use reclaimed water to enhance groundwater resources and surface water supplies. Authorizes the Secretary to provide financial assistance to the Santa Clara and San Juan Pueblos and non-Federal sponsors for the study, planning, design, and construction of a water delivery resource and infrastructure development as a component of the facility. Limits the Federal share of the cost of the facility or component to 25 percent. Prohibits the use of funds for the operation or maintenance of the facility or the component.
(Sec. 203) Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to direct the Secretary of the Interior to conduct a feasibility study of a Chimayo water supply system, to provide for the planning, design, and construction of a water supply, reclamation, and filtration facility for Espanola, New Mexico, and for other purposes."} | 1,567 | 616 | 0.75027 | 2.481926 | 0.817123 | 4.990494 | 2.614068 | 0.956274 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Agency Accountability for
Sexual Harassment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Any 1-year period.--The term ``any 1-year period''--
(A) means a continuous period that commences not
earlier than 12 months before the commission of an
offense or that ends not later than 12 months after the
commission of the offense; and
(B) may include time both before and after the
commission of the offense.
(2) Agent.--The term ``agent'' means a person authorized to
act on behalf of another person or a government and, in the
case of an organization or government, includes a servant or
employee, and a partner, director, officer, manager, and
representative.
(3) Government agency.--The term ``government agency''
means a subdivision of the executive, legislative, or judicial
branch, or another branch, of government, including a
department, independent establishment, commission,
administration, authority, board, and bureau, and a corporation
or other legal entity established, and subject to control, by a
government for the execution of a governmental or
intergovernmental program or activity.
(4) Local.--The term ``local'' means of or pertaining to a
political subdivision within a State.
(5) Program or activity.--The term ``program or activity''
means all of the operations of--
(A)(i) a department, agency, special purpose
district, or other instrumentality of a State or of a
local government; or
(ii) the entity of such State or local government
that distributes such assistance and each such
department or agency (and each other State or local
government entity) to which the assistance is extended,
in the case of assistance to a State or local
government;
(B)(i) an entire corporation, partnership, or other
private organization, or an entire sole
proprietorship--
(I) if assistance is extended to such
corporation, partnership, private organization,
or sole proprietorship as a whole; or
(II) which is principally engaged in the
business of providing health care, housing,
social services, or parks and recreation; or
(ii) the entire plant or other comparable,
geographically separate facility to which Federal
financial assistance is extended, in the case of any
other corporation, partnership, private organization,
or sole proprietorship; or
(C) any other entity which is established by 2 or
more of the entities described in subparagraph (A) or
(B),
any part of which is extended Federal financial assistance.
(6) State.--The term ``State'' includes a State of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
SEC. 3. SEXUAL HARASSMENT BY INDIVIDUALS ADMINISTERING PROGRAMS AND
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE.
(a) In General.--An individual who is an agent of an organization
or government covered by subsection (b) and who administers a program
or activity, shall not commit sexual harassment, as defined under title
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.).
(b) Circumstance.--An organization or government described in this
subsection is an organization, or a State or local government,
including any government agency thereof, that receives, in any 1-year
period, benefits in excess of $5,000 from a program or activity.
(c) Organization Duties.--An organization or a government covered
by subsection (b) shall terminate the agency relationship with an agent
described in subsection (a) who engages in sexual harassment prohibited
by such subsection.
(d) Disclosure.--Any organization or government covered by
subsection (b) that enters into any settlement resulting from sexual
harassment prohibited under subsection (a) by an agent administering a
program or activity, shall disclose the settlement, and any fines,
penalties, damages, insurance premium increases, and other settlements
resulting from sexual harassment by such agent, to--
(1) any Federal department or agency with whom the
organization has an agreement for disbursing Federal financial
assistance; and
(2) the Members of Congress representing each State in
which the agent administers the program or activity.
SEC. 4. ENFORCEMENT.
(a) In General.--Each Federal department and agency that is
empowered to extend Federal financial assistance to any program or
activity, by way of grant, contract, subsidy, loan, guarantee,
insurance, or other form of Federal assistance, is authorized and
directed to effectuate the provisions of subsections (a) and (c) of
section 3 with respect to such program or activity by issuing rules,
regulations, or orders of general applicability which shall be
consistent with achievement of the objectives of the statute
authorizing the financial assistance in connection with which the
action is taken. No such rule, regulation, or order shall become
effective unless and until approved by the President.
(b) Compliance.--
(1) Violation by agent.--In order to effect compliance with
any requirement adopted pursuant to this section, an agent who
violates section 3(a) shall be liable to the Federal Government
for a civil fine, notwithstanding any other provision of law.
(2) Violation by organization or government.--
(A) Civil fine.--In order to effect compliance with
any requirement adopted pursuant to this section, an
organization or government that violates section 3(c)
shall be liable to the Federal Government for a civil
fine.
(B) Termination of participation.--In the case of a
violation of section 3(c) by an organization or
government, the department or agency extending Federal
financial assistance to the organization or government
shall effect compliance by terminating, or refusing to
grant or continue, assistance for such program or
activity to any recipient as to whom there has been an
express finding on the record, after opportunity for
hearing, of a failure to comply with such requirement,
but such termination or refusal shall be limited to the
particular political entity, or part thereof, or other
recipient as to whom such a finding has been made and,
shall be limited in its effect to the particular
program or activity, or part thereof, in which such
noncompliance has been so found.
(3) Other means.--In addition to the actions described in
paragraphs (1) and (2), compliance with any requirement adopted
pursuant to this section shall be effected by any other means
authorized by law.
(c) Process.--No action under subsection (b) shall be taken until
the department or agency concerned has advised the appropriate person
or persons of the failure to comply with the requirement and has
determined that compliance cannot be secured by voluntary means. In the
case of any action terminating, or refusing to grant or continue,
assistance because of failure to comply with a requirement imposed
pursuant to this section, the head of the Federal department or agency
shall file with the committees of the House of Representatives and the
Senate having legislative jurisdiction over the program or activity
involved a full written report of the circumstances and the grounds for
such action. No such action shall become effective until thirty days
have elapsed after the filing of such report.
SEC. 5. STATE IMMUNITY.
(a) State Immunity.--A State shall not be immune under the 11th
Amendment to the Constitution from suit in Federal court for a
violation of this Act.
(b) Waiver.--A State's receipt or use of Federal financial
assistance for any program or activity of a State shall constitute a
waiver of sovereign immunity, under the 11th Amendment or otherwise, to
any suit brought for a violation of subsection (a) or (c) of section 3.
SEC. 6. RULES OF CONSTRUCTION.
(a) No Effect on Rights and Remedies for Sexual Harassment.--
Nothing in this Act affects any right, obligation, or liability under
title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or
other law, in a case involving sexual harassment.
(b) No Duplication of Title IX.--Nothing in this Act (except for
subsection (a)) shall be construed to apply to an organization or
government described in section 3(b), including an agent of such an
organization or government, if the organization or government is a
recipient of Federal financial assistance from a program or activity
covered by title IX of the Education Amendments of 1972. | Public Agency Accountability for Sexual Harassment Act - Prohibits sexual harassment (as defined under title VII of the Civil Rights Act of 1964) by any individual who is an agent of an organization or government and who administers a program or activity from which an annual benefit of more than $5,000 is derived. Requires such organization or government to terminate its relationship with an agent who engages in sexual harassment and to disclose the terms of any settlement resulting from an act of sexual harassment by an agent. Sets forth enforcement provisions and fines for violations of this Act.
Declares that states shall not be immune under the Eleventh Amendment from suit in federal court for a violation of this Act and that states waive sovereign immunity by receiving federal assistance. | {"src": "billsum_train", "title": "A bill to prohibit sexual harassment by individuals administering programs and activities receiving Federal assistance."} | 1,879 | 163 | 0.459988 | 1.19386 | 0.698214 | 2.959732 | 11.604027 | 0.852349 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Providers Are Required To
Note Experiences in Record Systems to Help In-need Patients Act'' or
the ``Medicaid PARTNERSHIP Act''.
SEC. 2. MEDICAID PROVIDERS ARE REQUIRED TO NOTE EXPERIENCES IN RECORD
SYSTEMS TO HELP IN-NEED PATIENTS.
(a) Requirements Under the Medicaid Program Relating to Qualified
Prescription Drug Monitoring Programs and Prescribing Certain
Controlled Substances.--Title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) is amended by inserting after section 1943 the following
new section:
``SEC. 1944. REQUIREMENTS RELATING TO QUALIFIED PRESCRIPTION DRUG
MONITORING PROGRAMS AND PRESCRIBING CERTAIN CONTROLLED
SUBSTANCES.
``(a) In General.--Beginning October 1, 2021, a State shall,
subject to subsection (d), require each covered provider to check, in
accordance with such timing, manner, and form as specified by the
State, the prescription drug history of a covered individual being
treated by the covered provider through a qualified prescription drug
monitoring program described in subsection (b) before prescribing to
such individual a controlled substance.
``(b) Qualified Prescription Drug Monitoring Program Described.--A
qualified prescription drug monitoring program described in this
subsection is, with respect to a State, a prescription drug monitoring
program administered by the State that, at a minimum, satisfies each of
the following criteria:
``(1) The program facilitates access by a covered provider
to, at a minimum, the following information with respect to a
covered individual, in as close to real-time as possible:
``(A) Information regarding the prescription drug
history of a covered individual with respect to
controlled substances.
``(B) The number and type of controlled substances
prescribed to and filled for the covered individual
during at least the most recent 12-month period.
``(C) The name, location, and contact information
(or other identifying number selected by the State,
such as a national provider identifier issued by the
National Plan and Provider Enumeration System of the
Centers for Medicare & Medicaid Services) of each
covered provider who prescribed a controlled substance
to the covered individual during at least the most
recent 12-month period.
``(2) The program facilitates the integration of
information described in paragraph (1) into the workflow of a
covered provider, which may include the electronic system the
covered provider uses to prescribe controlled substances.
A qualified prescription drug monitoring program described in this
subsection, with respect to a State, may have in place, in accordance
with applicable State and Federal law, a data sharing agreement with
the State Medicaid program that allows the medical director and
pharmacy director of such program (and any designee of such a director
who reports directly to such director) to access the information
described in paragraph (1) in an electronic format. The State Medicaid
program under this title may facilitate reasonable and limited access,
as determined by the State and ensuring documented beneficiary
protections regarding the use of such data, to such qualified
prescription drug monitoring program for the medical director or
pharmacy director of any managed care entity (as defined under section
1932(a)(1)(B)) that has a contract with the State under section 1903(m)
or under section 1905(t)(3), or the medical director or pharmacy
director of any entity has a contract to manage the pharmaceutical
benefit with respect to individuals enrolled in the State plan (or
waiver of the State plan). All applicable State and Federal security
and privacy laws shall apply to the directors or designees of such
directors of any State Medicaid program or entity accessing a qualified
prescription drug monitoring program under this section.
``(c) Application of Privacy Rules Clarification.--The Secretary
shall clarify privacy requirements, including requirements under the
regulations promulgated pursuant to section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2
note), related to the sharing of data under subsection (b) in the same
manner as the Secretary is required under subparagraph (J) of section
1860D-4(c)(5) to clarify privacy requirements related to the sharing of
data described in such subparagraph.
``(d) Ensuring Access.--In order to ensure reasonable access to
health care, the Secretary shall waive the application of the
requirement under subsection (a), with respect to a State, in the case
of natural disasters and similar situations, and in the case of the
provision of emergency services (as defined for purposes of section
1860D-4(c)(5)(D)(ii)(II)).
``(e) Reports.--
``(1) State reports.--Each State shall include in the
annual report submitted to the Secretary under section
1927(g)(3)(D), beginning with such reports submitted for 2023,
information including, at a minimum, the following information
for the most recent 12-month period:
``(A) The percentage of covered providers (as
determined pursuant to a process established by the
State) who checked the prescription drug history of a
covered individual through a qualified prescription
drug monitoring program described in subsection (b)
before prescribing to such individual a controlled
substance.
``(B) Aggregate trends with respect to prescribing
controlled substances such as--
``(i) the quantity of daily morphine
milligram equivalents prescribed for controlled
substances;
``(ii) the number and quantity of daily
morphine milligram equivalents prescribed for
controlled substances per covered individual;
and
``(iii) the types of controlled substances
prescribed, including the dates of such
prescriptions, the supplies authorized
(including the duration of such supplies), and
the period of validity of such prescriptions,
in different populations (such as individuals
who are elderly, individuals with disabilities,
and individuals who are enrolled under both
this title and title XVIII).
``(C) Whether or not the State requires (and a
detailed explanation as to why the State does or does
not require) pharmacists to check the prescription drug
history of a covered individual through a qualified
drug management program before dispensing a controlled
substance to such individual.
``(2) Report by cms.--Not later than October 1, 2023, the
Administrator of the Centers for Medicare & Medicaid Services
shall publish on the publicly available website of the Centers
for Medicare & Medicaid Services a report including the
following information:
``(A) Guidance for States on how States can
increase the percentage of covered providers who use
qualified prescription drug monitoring programs
described in subsection (b).
``(B) Best practices for how States and covered
providers should use such qualified prescription drug
monitoring programs to reduce the occurrence of abuse
of controlled substances.
``(f) Increase to Federal Matching Rate for Certain Expenditures
Relating to Qualified Prescription Drug Management Programs.--The
Secretary shall increase the Federal medical assistance percentage or
Federal matching rate that would otherwise apply to a State under
section 1903(a) for a calendar quarter occurring during the period
beginning October 1, 2018, and ending September 30, 2021, for
expenditures by the State for activities under the State plan (or
waiver of the State plan) to implement a prescription drug management
program that satisfies the criteria described in paragraphs (1) and (2)
of subsection (b) if the State (in this subsection referred to as the
`administering State') has in place agreements with all States that are
contiguous to such administering State that, when combined, enable
covered providers in all such contiguous States to access, through the
prescription drug management program, the information that is described
in subsection (b)(1) of covered individuals of such administering State
and that covered providers in such administering State are able to
access through such program. In no case shall an increase under this
subsection result in a Federal medical assistance percentage or Federal
matching rate that exceeds 100 percent.
``(g) Rule of Construction.--Nothing in this section prevents a
State from requiring pharmacists to check the prescription drug history
of covered individuals through a qualified drug management program
before dispensing controlled substances to such individuals.
``(h) Definitions.--In this section:
``(1) Controlled substance.--The term `controlled
substance' means a drug that is included in schedule II of
section 202(c) of the Controlled Substances Act and, at the
option of the State involved, a drug included in schedule III
or IV of such section.
``(2) Covered individual.--The term `covered individual'
means, with respect to a State, an individual who is enrolled
in the State plan (or under a waiver of such plan). Such term
does not include an individual who--
``(A) is receiving--
``(i) hospice or palliative care; or
``(ii) treatment for cancer;
``(B) is a resident of a long-term care facility,
of a facility described in section 1905(d), or of
another facility for which frequently abused drugs are
dispensed for residents through a contract with a
single pharmacy; or
``(C) the State elects to treat as exempted from
such term.
``(3) Covered provider.--
``(A) In general.--The term `covered provider'
means, subject to subparagraph (B), with respect to a
State, a health care provider who is participating
under the State plan (or waiver of the State plan) and
licensed, registered, or otherwise permitted by the
State to prescribe a controlled substance (or the
designee of such provider).
``(B) Exceptions.--
``(i) In general.--Beginning October 1,
2021, for purposes of this section, such term
does not include a health care provider
included in any type of health care provider
determined by the Secretary to be exempt from
application of this section under clause (ii).
``(ii) Exceptions process.--Not later than
October 1, 2020, the Secretary, after
consultation with the National Association of
Medicaid Directors, national health care
provider associations, Medicaid beneficiary
advocates, and advocates for individuals with
rare diseases, shall determine, based on such
consultations, the types of health care
providers (if any) that should be exempted from
the definition of the term `covered provider'
for purposes of this section.''.
(b) Guidance.--Not later than October 1, 2019, the Administrator of
the Centers for Medicare & Medicaid Services, in consultation with the
Director of the Centers for Disease Control and Prevention, shall issue
guidance on best practices on the uses of prescription drug monitoring
programs required of prescribers and on protecting the privacy of
Medicaid beneficiary information maintained in and accessed through
prescription drug monitoring programs.
(c) Development of Model State Practices.--
(1) In general.--Not later than October 1, 2020, the
Secretary of Health and Human Services shall develop and
publish model practices to assist State Medicaid program
operations in identifying and implementing strategies to
utilize data sharing agreements described in the matter
following paragraph (2) of section 1944(b) of the Social
Security Act, as added by subsection (a), for the following
purposes:
(A) Monitoring and preventing fraud, waste, and
abuse.
(B) Improving health care for individuals enrolled
in a State plan under title XIX of such Act (or waiver
of such plan) who--
(i) transition in and out of coverage under
such title;
(ii) may have sources of health care
coverage in addition to coverage under such
title; or
(iii) pay for prescription drugs with cash.
(C) Any other purposes specified by the Secretary.
(2) Elements of model practices.--The model practices
described in paragraph (1)--
(A) shall include strategies for assisting States
in allowing the medical director or pharmacy director
(or designees of such a director) of managed care
organizations or pharmaceutical benefit managers to
access information with respect to all covered
individuals served by such managed care organizations
or pharmaceutical benefit managers to access as a
single data set, in an electronic format; and
(B) shall include any appropriate beneficiary
protections and privacy guidelines.
(3) Consultation.--In developing model practices under this
subsection, the Secretary shall consult with the National
Association of Medicaid Directors, managed care entities (as
defined in section 1932(a)(1)(B) of the Social Security Act)
with contracts with States pursuant to section 1903(m) of such
Act, pharmaceutical benefit managers, physicians and other
health care providers, beneficiary advocates, and individuals
with expertise in health care technology related to
prescription drug monitoring programs and electronic health
records.
(d) Report by Comptroller General.--Not later than October 1, 2020,
the Comptroller General of the United States shall issue a report
examining the operation of prescription drug monitoring programs
administered by States, including data security and access standards
used by such programs.
Passed the House of Representatives June 19, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Medicaid Providers Are Required To Note Experiences in Record Systems to Help In-need Patients Act or the Medicaid PARTNERSHIP Act (Sec. 2) This bill requires each state to: (1) establish a prescription drug monitoring program (PDMP), and (2) require health care providers to check the PDMP for a Medicaid enrollee's prescription drug history before prescribing controlled substances to the enrollee. In addition to meeting other specified requirements, each PDMP must allow health care providers to access the number and type of controlled substances prescribed to a Medicaid enrollee during the most recent 12-month period. The bill also temporarily increases the federal matching rate with respect to Medicaid expenditures related to PDMP implementation for states that have agreements to promote PDMP interoperability with their neighboring states. The Centers for Medicare & Medicaid Services must publish guidance and best practices for states regarding PDMP utilization. Additionally, the Government Accountability Office must report on PDMP administration. | {"src": "billsum_train", "title": "Medicaid Providers Are Required To Note Experiences in Record Systems to Help In-need Patients Act"} | 2,921 | 227 | 0.586683 | 1.641104 | 0.762989 | 2.666667 | 15.107345 | 0.80226 |
SECTION 1. ADULT RELATIVES WHO MEET RELEVANT STATE CHILD PROTECTION
STANDARDS TO BE REGARDED AS THE PREFERRED PLACEMENT
OPTION FOR CHILDREN.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (16);
(2) by striking the period at the end of paragraph (17) and
inserting ``; and''; and
(3) by adding at the end the following:
``(18) provides that, where appropriate and timely, the
adult relatives of a child will be involved in determining a
safe and appropriate placement for the child, and that
placement with such relatives will be the preferred placement
option for the child if such relatives meet all child
protection standards of the State.''.
SEC. 2. DEMONSTRATION PROJECTS.
Part E of title IV of the Social Security Act (42 U.S.C. 670-679)
is amended by inserting after section 477 the following:
``SEC. 478. KINSHIP CARE DEMONSTRATION PROJECTS.
``(a) Purpose.--The purpose of this section is to allow and
encourage States to develop effective alternatives to foster care for
children who might be eligible for foster care but who have adult
relatives who can provide safe and appropriate care for the child.
``(b) Demonstration Authority.--The Secretary may authorize any
State to conduct a demonstration project designed to determine whether
it is feasible to establish kinship care as an alternative to foster
care for a child who--
``(1) has been removed from home as a result of a judicial
determination that continuation in the home would be contrary
to the welfare of the child;
``(2) would otherwise be placed in foster care; and
``(3) has adult relatives willing to provide safe and
appropriate care for the child.
``(c) Kinship Care Defined.--As used in this section, the term
`kinship care' means safe and appropriate care (including long-term
care) of a child by 1 or more adult relatives of the child who have
legal custody of the child, or physical custody of the child pending
transfer to the adult relative of legal custody of the child.
``(d) Project Requirements.--In any demonstration project
authorized to be conducted under this section, the State--
``(1) should examine the provision of alternative financial
and service supports to families providing kinship care; and
``(2) shall establish such procedures as may be necessary
to assure the safety of children who are placed in kinship
care.
``(e) Waiver Authority.--The Secretary may waive compliance with
any requirement of this part which (if applied) would prevent a State
from carrying out a demonstration project under this section or prevent
the State from effectively achieving the purpose of such a project,
except that the Secretary may not waive--
``(1) any provision of section 427 (as in effect before
April 1, 1996), section 422(b)(9) (as in effect after such
date), section 479, or this section; or
``(2) any provision of this part, to the extent that the
waiver would impair the entitlement of any qualified child or
family to benefits under a State plan approved under this part.
``(f) Payments to States; Cost Neutrality.--In lieu of any payment
under section 473 for expenses incurred by a State during a quarter
with respect to a demonstration project authorized to be conducted
under this section, the Secretary shall pay to the State an amount
equal to the total amount that would be paid to the State for the
quarter under this part, in the absence of the project, with respect to
the children and families participating in the project.
``(g) Use of Funds.--A State may use funds paid under this section
for any purpose related to the provision of services and financial
support for families participating in a demonstration project under
this section.
``(h) Duration of Project.--A demonstration project under this
section may be conducted for not more than 5 years.
``(i) Application.--Any State seeking to conduct a demonstration
project under this section shall submit to the Secretary an
application, in such form as the Secretary may require, which
includes--
``(1) a description of the proposed project, the geographic
area in which the proposed project would be conducted, the
children or families who would be served by the proposed
project, the procedures to be used to assure the safety of such
children, and the services which would be provided by the
proposed project (which shall provide, where appropriate, for
random assignment of children and families to groups served
under the project and to control groups);
``(2) a statement of the period during which the proposed
project would be conducted, and how, at the termination of the
project, the safety and stability of the children and families
who participated in the project will be protected;
``(3) a discussion of the benefits that are expected from
the proposed project (compared to a continuation of activities
under the State plan approved under this part);
``(4) an estimate of the savings to the State of the
proposed project;
``(5) a statement of program requirements for which waivers
would be needed to permit the proposed project to be conducted;
``(6) a description of the proposed evaluation design; and
``(7) such additional information as the Secretary may
require.
``(j) State Evaluations and Reports.--Each State authorized to
conduct a demonstration project under this section shall--
``(1) obtain an evaluation by an independent contractor of
the effectiveness of the project, using an evaluation design
approved by the Secretary which provides for--
``(A) comparison of outcomes for children and
families (and groups of children and families) under
the project, and such outcomes under the State plan
approved under this part, for purposes of assessing the
effectiveness of the project in achieving program
goals; and
``(B) any other information that the Secretary may
require;
``(2) obtain an evaluation by an independent contractor of
the effectiveness of the State in assuring the safety of the
children participating in the project; and
``(3) provide interim and final evaluation reports to the
Secretary, at such times and in such manner as the Secretary
may require.
``(k) Report to the Congress.--Not later than 4 years after the
date of the enactment of this section, the Secretary shall submit to
the Congress a report that contains the recommendations of the
Secretary for changes in law with respect to kinship care and
placements.''. | Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to: (1) provide that, where appropriate and timely, adult relatives will be involved in child foster care placement determinations, and those who meet relevant State child protection standards will be regarded as the preferred placement option for children; and (2) provide for certain State kinship care demonstration projects as alternatives to foster care for certain eligible children. | {"src": "billsum_train", "title": "To amend part E of title IV of the Social Security Act to require States to regard adult relatives who meet State child protection standards as the preferred placement option for children, and to provide for demonstration projects to test the feasibility of establishing kinship care as an alternative to foster care for a child who has adult relatives willing to provide safe and appropriate care for the child."} | 1,442 | 91 | 0.619395 | 1.495392 | 1.027907 | 3.395349 | 16.197674 | 0.906977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ADA Education and Reform Act of
2015''.
SEC. 2. COMPLIANCE THROUGH EDUCATION.
Based on existing funding, the Disability Rights Section of the
Department of Justice shall, in consultation with property owners and
representatives of the disability rights community, develop a program
to educate State and local governments and property owners on effective
and efficient strategies for promoting access to public accommodations
for persons with a disability (as defined in section 3 of the Americans
with Disabilities Act (42 U.S.C. 12102)). Such program may include
training for professionals such as Certified Access Specialists to
provide a guidance of remediation for potential violations of the
Americans with Disabilities Act.
SEC. 3. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO ADA
COMPLIANCE DEMAND LETTERS.
It shall be unlawful for any person to send or otherwise transmit a
demand letter or other form of pre-suit notification alleging a
violation of section 302 or 303 of the Americans with Disabilities Act
of 1990 (29 U.S.C. 12182; 12183) if such letter or communication does
not specify in detail the circumstances under which an individual was
actually denied access to a public accommodation, including the address
of property, the specific sections of the Americans with Disabilities
Act alleged to have been violated, whether a request for assistance in
removing an architectural barrier to access was made, and whether the
barrier to access was a permanent or temporary barrier. Any person who
violates this section shall be fined under title 18, United States
Code.
SEC. 4. NOTICE AND CURE PERIOD.
Paragraph (1) of section 308(a) of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12188(a)(1)) is amended to read as follows:
``(1) Availability of remedies and procedures.--
``(A) In general.--Subject to subparagraph (B), the
remedies and procedures set forth in section 204(a) of
the Civil Rights Act of 1964 (42 U.S.C. 2000a-3(a)) are
the remedies and procedures this title provides to any
person who is being subjected to discrimination on the
basis of disability in violation of this title or who
has reasonable grounds for believing that such person
is about to be subjected to discrimination in violation
of section 303. Nothing in this section shall require a
person with a disability to engage in a futile gesture
if such person has actual notice that a person or
organization covered by this title does not intend to
comply with its provisions.
``(B) Barriers to access to existing public
accommodations.--A civil action under section 302 or
303 based on the failure to remove an architectural
barrier to access into an existing public accommodation
may not be commenced by a person aggrieved by such
failure unless--
``(i) that person has provided to the owner
or operator of the accommodation a written
notice specific enough to allow such owner or
operator to identify the barrier; and
``(ii)(I) during the period beginning on
the date the notice is received and ending 60
days after that date, the owner or operator
fails to provide to that person a written
description outlining improvements that will be
made to remove the barrier; or
``(II) if the owner or operator provides
the written description under subclause (I),
the owner or operator fails to remove the
barrier or to make substantial progress in
removing the barrier during the period
beginning on the date the description is
provided and ending 120 days after that
date.''.
SEC. 5. MEDIATION FOR ADA ACTIONS RELATED TO ARCHITECTURAL BARRIERS.
The Judicial Conference of the United States shall, under rule 16
of the Federal Rules of Civil Procedure or any other applicable law, in
consultation with property owners and representatives of the disability
rights community, develop a model program to promote the use of
alternative dispute resolution mechanisms, including a stay of
discovery during mediation, to resolve claims of architectural barriers
to access for public accommodations. To the extent practical, the
Federal Judicial Center should provide a public comment period on any
such proposal. The goal of the model program shall be to promote access
quickly and efficiently without the need for costly litigation. The
model program should include an expedited method for determining the
relevant facts related to such barriers to access and steps taken
before the commencement of litigation to resolve any issues related to
access.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect 30 days
after the date of the enactment of this Act. | ADA Education and Reform Act of 2015 This bill requires the Disability Rights Section of the Department of Justice to develop a program to educate state and local governments and property owners on strategies for promoting access to public accommodations for persons with a disability. The program may include training for professionals to provide a guidance of remediation for potential violations of the Americans with Disabilities Act of 1990 (ADA). The bill prohibits persons from, and subjects violators to a criminal fine for, sending demand letters or other pre-suit notifications alleging a violation of ADA public accommodation requirements if the notification does not specify the circumstances under which an individual was actually denied access. The notification must specify: (1) the address of property, (2) the specific ADA sections alleged to have been violated, (3) whether a request for assistance in removing an architectural barrier was made, and (4) whether the barrier was permanent or temporary. The bill also prohibits commencement of civil action based on the failure to remove an architectural barrier to access into an existing public accommodation unless: (1) the aggrieved person has provided to the owners or operators a written notice specific enough to identify the barrier, and (2) the owners or operators fail to provide the person with a written description outlining improvements that will be made to improve the barrier or they fail to remove the barrier or make substantial progress after providing such a description. The Judicial Conference of the United States must develop a model program to promote alternative dispute resolution mechanisms to resolve such claims. The model program should include an expedited method for determining relevant facts related to such barriers and steps to resolve accessibility issues before litigation. | {"src": "billsum_train", "title": "ADA Education and Reform Act of 2015"} | 1,033 | 345 | 0.635377 | 2.092783 | 0.831574 | 3.786834 | 2.918495 | 0.915361 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Organic Standards Protection Act''.
SEC. 2. RECORDKEEPING, INVESTIGATIONS, AND ENFORCEMENT.
The Organic Foods Production Act of 1990 is amended by inserting
after section 2120 (7 U.S.C. 6519) the following:
``SEC. 2120A. RECORDKEEPING, INVESTIGATIONS, AND ENFORCEMENT.
``(a) Recordkeeping.--
``(1) In general.--Except as otherwise provided in this
title, all persons, including producers, handlers, and
certifying agents, required to report information to the
Secretary under this title shall maintain, and make available
to the Secretary on the request of the Secretary, all
contracts, agreements, receipts, and other records associated
with the organic certification program established by the
Secretary under this title.
``(2) Duration of recordkeeping requirement.--A record
covered by paragraph (1) shall be maintained--
``(A) by a person covered by this title, except for
a certifying agent, for a period of 5 years beginning
on the date of the creation of the record; and
``(B) by a certifying agent, for a period of 10
years beginning on the date of the creation of the
record.
``(b) Confidentiality.--
``(1) In general.--Subject to paragraph (2), and except as
otherwise directed by the Secretary or the Attorney General for
enforcement purposes, no officer, employee, or agent of the
United States shall make available to the public information,
statistics, or documents obtained from or made available by any
person under this title, other than in a manner that ensures
that confidentiality is preserved regarding the identity of
persons, including parties to a contract, and proprietary
business information.
``(2) Alleged violators and nature of actions.--The
Secretary may release the name of the alleged violator and the
nature of the actions triggering an order or revocation under
subsection (e).
``(c) Investigation.--
``(1) In general.--The Secretary may take such
investigative actions as the Secretary considers to be
necessary to carry out this title--
``(A) to verify the accuracy of any information
reported or made available under this title; and
``(B) to determine, with regard to actions,
practices, or information required under this title,
whether a person covered by this title has committed,
or will commit, a violation of any provision of this
title.
``(2) Investigative powers.--The Secretary may administer
oaths and affirmations, subpoena witnesses, compel attendance
of witnesses, take evidence, and require the production of any
books, papers, and documents that are relevant to the
investigation.
``(d) Unlawful Act.--It shall be unlawful and a violation of this
title for any person covered by this title--
``(1) to fail or refuse to provide, or delay the timely
provision of, accurate information required by the Secretary
under this section;
``(2) to violate--
``(A) an order of the Secretary;
``(B) a revocation of the organic certification of
a producer or handler; or
``(C) a revocation of the accreditation of a
certifying agent; or
``(3) to sell, or attempt to sell, a product that is
represented as being organically produced in accordance with
this title if in fact the product has not been produced or
handled in accordance with this title.
``(e) Enforcement.--
``(1) Order.--The Secretary may issue an order to stop the
sale of an agricultural product that is labeled or otherwise
represented as being organically produced--
``(A) only upon the reasonable belief by the
Secretary, supported by substantial evidence, that such
agricultural product does not meet the national and
State standards for organic production and handling
provided in sections 2105 through 2114 and section
2118, until the product can be verified--
``(i) as meeting the national and State
standards for organic production and handling
as provided in sections 2105 through 2114;
``(ii) as having been produced or handled
without the use of a prohibited substance
listed under section 2118; and
``(iii) as being produced and handled by a
certified organic operation; and
``(B) if a person has committed an unlawful act
with respect to the product under subsection (d).
``(2) Revocation of certification or accreditation.--After
notice and opportunity for an administrative appeal under
section 2121, if the Secretary determines a producer, a
handler, or a certifying agent committed a violation of this
title that is an unlawful act under subsection (d), the
Secretary may revoke the organic certification of such producer
or such handler, or the accreditation of such certifying agent.
``(3) Violation of order or revocation.--A person who
violates an order to stop the sale of a product as an
organically produced product under paragraph (1), or a
revocation of certification or accreditation under paragraph
(2), shall be subject to 1 or more of the penalties provided in
subsections (a) and (b) of section 2120.
``(f) Appeal.--
``(1) In general.--An order under subsection (e)(1), or a
revocation of certification or accreditation under subsection
(e)(2)(B), shall be final and conclusive unless the affected
person files an appeal of the order--
``(A) first, to the administrative appeals process
established under section 2121(a); and
``(B) after a final decision of the Secretary under
the process referred to in subparagraph (A), if the
affected person so elects, to a United States district
court as provided in section 2121(b) not later than 30
days after the date of the final decision.
``(2) Standard.--An order under subsection (e)(1), or a
revocation of certification or accreditation under subsection
(e)(2)(B), shall be set aside only if the order, or the
revocation of certification or accreditation, is not supported
by substantial evidence.
``(g) Noncompliance.--
``(1) In general.--If a person covered by this title fails
to obey an order, or a revocation of certification or
accreditation, described in subsection (f)(2) after the order
or revocation has become final and conclusive or after the
appropriate United States district court has entered a final
judgment in favor of the Secretary, the United States may apply
to the appropriate United States district court for enforcement
of the order, or the revocation of certification or
accreditation.
``(2) Enforcement.--If the court determines that the order
or revocation was lawfully made and duly served and that the
person violated the order or revocation, the court shall
enforce the order or revocation.
``(3) Civil penalty.--If the court finds that the person
violated the order or revocation, the person shall be subject
to a civil penalty of not more than $10,000 for each
offense.''. | Amends the Organic Foods Production Act of 1990 to require all persons, including producers, handlers, and certifying agents, required to report information to the Secretary of Agriculture (USDA) under such Act to maintain all contracts, agreements, receipts, and other records associated with the organic certification program for 5 years (10 years for a certifying agent).
Authorizes investigative and enforcement actions for violations of such Act. | {"src": "billsum_train", "title": "To amend the Organic Foods Production Act of 1990 to require recordkeeping and authorize investigations and enforcement actions for violations of such Act, and for other purposes."} | 1,591 | 92 | 0.577115 | 1.461618 | 1.135726 | 4.822785 | 18.43038 | 0.924051 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Donelson National Battlefield
Expansion Act of 2002''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Battlefield.--The term ``Battlefield'' means the Fort
Donelson National Battlefield.
(2) Eligible land.--The term ``eligible land'' means any
land, interest in land, or improvement to land that is
located--
(A) within the boundaries of the Battlefield; or
(B) outside the boundaries of the Battlefield if--
(i) the American Battlefield Protection
Program identifies the land, interest in land,
or improvement to land as part of the
battlefield associated with Fort Donelson; or
(ii) the Secretary determines that
acquisition of the land, interest in land, or
improvement to land would protect critical
resources associated with--
(I) the Battle of Fort Donelson in
February 1862; or
(II) the campaign conducted by
General Ulysses S. Grant and Admiral
Andrew H. Foote that resulted in the
capture of Fort Donelson.
(3) Map.--The term ``map'' means the map entitled
``__________________'', numbered ________________, and dated
____.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. ADDITION OF LAND TO FORT DONELSON NATIONAL BATTLEFIELD.
(a) Boundary Revision.--The boundary of the Battlefield is revised
to include Fort Donelson National Cemetery, in Stewart County,
Tennessee, and Fort Heiman and any associated land in Calloway County,
Kentucky, as generally depicted on the map.
(b) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(c) Acquisition of Additional Land.--
(1) In general.--Subject to paragraph (2), the Secretary
may acquire from a willing seller by purchase with appropriated
or donated funds, donation, or exchange eligible land for
inclusion in the Battlefield.
(2) Limitation.--The total area of the Battlefield shall
not exceed 2,000 acres.
(3) Revision.--On the date of the acquisition of eligible
land under paragraph (1), the Secretary shall revise the
boundaries of the Battlefield to include the eligible land
acquired.
SEC. 4. ADMINISTRATION OF FORT DONELSON NATIONAL BATTLEFIELD.
(a) In General.--The Secretary shall administer the Battlefield in
accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) the Act of August 25, 1916 (16 U.S.C. 1 et
seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) Memorandum of Understanding.--The Secretary shall enter into a
memorandum of understanding with the Secretary of Agriculture to
provide for the cooperative protection and interpretation of--
(1) Fort Henry; and
(2) any other Civil War resources in the Land Between the
Lakes National Recreation Area that are associated with the
campaign to capture Fort Donelson.
SEC. 5. REPEAL OF OBSOLETE PROVISIONS RELATING TO FORT DONELSON
NATIONAL BATTLEFIELD.
(a) 1928 Law.--The first section and sections 2 through 7 of the
Act of March 26, 1928 (16 U.S.C. 428 et seq.), are repealed.
(b) 1937 Law.--Section 3 of the Act of August 30, 1937 (16 U.S.C.
428d-3) is repealed.
(c) 1960 Law.--Sections 4 and 5 of Public Law 86-738 (16 U.S.C.
428n, 428o) are repealed.
SEC. 6. CONFORMING AMENDMENTS.
(a) 1928 Law.--The Act of March 26, 1928, is amended--
(1) in section 8 (16 U.S.C. 428g), by striking ``Secretary
of War'' and inserting ``Secretary of the Interior'';
(2) in section 9 (16 U.S.C. 428h)--
(A) by striking ``Fort Donelson National Park'' and
inserting ``Fort Donelson National Battlefield''; and
(B) by striking ``Secretary of War'' and inserting
``Secretary of the Interior''; and
(3) in section 10 (16 U.S.C. 428i), by striking ``Secretary
of War'' and inserting ``Secretary of the Interior''.
(b) 1937 Law.--The Act of August 30, 1937, is amended--
(1) in the first section (16 U.S.C. 428d-1)--
(A) by striking ``Fort Donelson National Military
Park'' and inserting ``Fort Donelson National
Battlefield'';
(B) by striking ``said park'' and inserting ``the
battlefield''; and
(C) by striking ``War Department'' and inserting
``Department of the Army''; and
(2) in section 2 (16 U.S.C. 428d-2)--
(A) by striking ``Fort Donelson National Military
Park'' and inserting ``Fort Donelson National
Battlefield'';
(B) by striking ``said national military park'' and
inserting ``Fort Donelson National Battlefield''; and
(C) by striking the last sentence.
(c) 1960 Law.--The first section of Public Law 86-738 (16 U.S.C.
428k) is amended--
(1) by striking ``Fort Donelson National Military Park''
and inserting ``Fort Donelson National Battlefield'';
(2) by striking ``said park'' and inserting ``the
battlefield''; and
(3) by striking ``, but the total area'' and all that
follows through the period and inserting a period. | Fort Donelson National Battlefield Expansion Act of 2002 - Revises the boundary of Fort Donelson National Battlefield to include Fort Donelson National Cemetery in Stewart County, Tennessee, and Fort Heiman and any associated land in Calloway County, Kentucky.Authorizes the Secretary of the Interior to acquire from a willing seller eligible land for inclusion in the Battlefield. Limits the total area of the Battlefield to 2,000 acres.Directs the Secretary and the Secretary of Agriculture to enter into a memorandum of understanding to provide for the cooperative protection and interpretation of Fort Henry and any other Civil War resources in the Land Between the Lakes National Recreation Area that are associated with the campaign to capture Fort Donelson. | {"src": "billsum_train", "title": "A bill to expand the boundaries of the Fort Donelson National Battlefield, to authorize the acquisition of land associated with the campaign that resulted in the capture of Fort Donelson in 1862, and for other purposes."} | 1,421 | 158 | 0.633557 | 1.781221 | 0.799498 | 5.512 | 9.4 | 0.968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Fish and Wildlife
Foundation Establishment Act Amendments of 2000''.
SEC. 2. PURPOSES.
Section 2(b) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701(b)) is amended by striking paragraph
(1) and inserting the following:
``(1) to encourage, accept, and administer private gifts of
property for the benefit of, or in connection with, the
activities and services of the Department of the Interior and
the Department of Commerce to further the conservation and
management of fish, wildlife, plants, and other natural
resources;''.
SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Establishment and Membership.--Section 3 of the National Fish
and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended
by striking subsection (a) and inserting the following:
``(a) Establishment and Membership.--
``(1) In general.--The Foundation shall have a governing
Board of Directors (referred to in this Act as the `Board'),
which shall consist of 25 Directors appointed in accordance
with subsection (b), each of whom shall be a United States
citizen.
``(2) Representation of diverse points of view.--To the
maximum extent practicable, the membership of the Board shall
represent diverse points of view relating to conservation and
management of fish, wildlife, plants, and other natural
resources.
``(3) Not federal employees.--Appointment as a Director of
the Foundation shall not constitute employment by, or the
holding of an office of, the United States for the purpose of
any Federal law.''.
(b) Appointment and Terms.--Section 3 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by
striking subsection (b) and inserting the following:
``(b) Appointment and Terms.--
``(1) Agency heads.--The Director of the United States Fish
and Wildlife Service and the Under Secretary of Commerce for
Oceans and Atmosphere shall be Directors of the Foundation.
``(2) Appointments by the secretary of the interior.--
``(A) In general.--Subject to subparagraph (B),
after consulting with the Secretary of Commerce and
considering the recommendations submitted by the Board,
the Secretary of the Interior shall appoint 23
Directors who meet the criteria established by
subsection (a), of whom--
``(i) at least 6 shall be educated or
experienced in fish, wildlife, or other natural
resource conservation;
``(ii) at least 4 shall be educated or
experienced in the principles of fish,
wildlife, or other natural resource management;
and
``(iii) at least 4 shall be educated or
experienced in ocean and coastal resource
conservation.
``(B) Transition provision.--
``(i) Continuation of terms.--The 15
Directors serving on the Board as of the date
of enactment of this paragraph shall continue
to serve until the expiration of their terms.
``(ii) New directors.--The Secretary of the
Interior shall appoint 8 new Directors. To the
maximum extent practicable, those appointments
shall be made not later than 45 calendar days
after the date of enactment of this paragraph.
``(3) Terms.--
``(A) In general.--Subject to subparagraph (B),
each Director (other than a Director described in
paragraph (1)) shall be appointed for a term of 6
years.
``(B) Initial appointments to new member
positions.--Of the Directors appointed by the Secretary
of the Interior under paragraph (2)(B)(ii), the
Secretary shall appoint--
``(i) 2 Directors for a term of 2 years;
``(ii) 3 Directors for a term of 4 years;
and
``(iii) 3 Directors for a term of 6 years.
``(4) Vacancies.--
``(A) In general.--The Secretary of the Interior
shall fill a vacancy on the Board. To the maximum
extent practicable, a vacancy shall be filled not later
than 45 calendar days after the occurrence of the
vacancy.
``(B) Term of appointments to fill unexpired
terms.--An individual appointed to fill a vacancy that
occurs before the expiration of the term of a Director
shall be appointed for the remainder of the term.
``(5) Reappointment.--An individual (other than an
individual described in paragraph (1)) shall not serve more
than 2 consecutive terms as a Director, excluding any term of
less than 6 years.
``(6) Request for removal.--The Executive Committee of the
Board may submit to the Secretary a letter describing the
nonperformance of a Director and requesting the removal of the
Director from the Board.
``(7) Consultation before removal.--Before removing any
Director from the Board, the Secretary shall consult with the
Secretary of Commerce.''.
(c) Technical Amendments.--
(1) Section 4(c)(5) of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3703(c)(5)) is amended
by striking ``Directors of the Board'' and inserting
``Directors of the Foundation''.
(2) Section 6 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3705) is amended--
(A) by striking ``Secretary'' and inserting
``Secretary of the Interior or the Secretary of
Commerce''; and
(B) by inserting ``or the Department of Commerce''
after ``Department of the Interior''.
SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) Principal Office of the Foundation.--Section 4(a)(3) of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703(a)(3)) is amended by inserting after ``the District of Columbia''
the following: ``or in a county in the State of Maryland or Virginia
that borders on the District of Columbia''.
(b) Investment and Deposit of Federal Funds.--Section 4(c) of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703(c)) is amended--
(1) by redesignating paragraphs (3) through (7) as
paragraphs (7) through (11), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) to invest any funds provided to the Foundation by the
Federal Government in obligations of the United States or in
obligations or securities that are guaranteed or insured by the
United States;
``(4) to deposit any funds provided to the Foundation by
the Federal Government into accounts that are insured by an
agency or instrumentality of the United States;
``(5) to make use of any interest or investment income that
accrues as a consequence of actions taken under paragraph (3)
or (4) to carry out the purposes of the Foundation;
``(6) to use Federal funds to make payments under
cooperative agreements entered into with willing private
landowners to provide substantial long-term benefits for the
restoration or enhancement of fish, wildlife, plants, and other
natural resources on private land;''.
(c) Agency Approval of Acquisitions of Property.--Section 4(e)(1)
of the National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3703(e)(1)) is amended by striking subparagraph (B) and
inserting the following:
``(B) the Foundation notifies the Federal agency that
administers the program under which the funds were provided of
the proposed acquisition, and the agency does not object in
writing to the proposed acquisition within 60 calendar days
after the date of the notification.''.
(d) Repeal.--Section 304 of Public Law 102-440 (16 U.S.C. 3703
note) is repealed.
(e) Agency Approval of Conveyances and Grants.--Section 4(e)(3)(B)
of the National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3703(e)(3)(B)) is amended by striking clause (ii) and inserting
the following:
``(ii) the Foundation notifies the Federal agency that
administers the Federal program under which the funds were
provided of the proposed conveyance or provision of Federal
funds, and the agency does not object in writing to the
proposed conveyance or provision of Federal funds within 60
calendar days after the date of the notification.''.
(f) Reconveyance of Real Property.--Section 4(e) of the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)) is
amended by striking paragraph (5) and inserting the following:
``(5) Reconveyance of real property.--The Foundation shall
convey at not less than fair market value any real property
acquired by the Foundation in whole or in part with Federal
funds if the Foundation notifies the Federal agency that
administers the Federal program under which the funds were
provided, and the agency does not disagree within 60 calendar
days after the date of the notification, that--
``(A) the property is no longer valuable for the
purpose of conservation or management of fish,
wildlife, plants, and other natural resources; and
``(B) the purposes of the Foundation would be
better served by use of the proceeds of the conveyance
for other authorized activities of the Foundation.''.
(g) Expenditures for Printing Services or Capital Equipment.--
Section 4 of the National Fish and Wildlife Foundation Establishment
Act (16 U.S.C. 3703) is amended by adding at the end the following:
``(h) Expenditures for Printing Services or Capital Equipment.--The
Foundation shall not make any expenditure of Federal funds in
connection with any 1 transaction for printing services or capital
equipment that is greater than $10,000 unless the expenditure is
approved by the Federal agency that administers the Federal program
under which the funds were provided.''.
SEC. 5. FUNDING.
Section 10 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3709) is amended to read as follows:
``SEC. 10. FUNDING.
``(a) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this Act for each of fiscal years 2000 through
2004--
``(A) $30,000,000 to the Department of the
Interior; and
``(B) $10,000,000 to the Department of Commerce.
``(2) Requirement of advance payment.--The amount made
available for a fiscal year under paragraph (1) shall be
provided to the Foundation in an advance payment of the entire
amount on October 1, or as soon as practicable thereafter, of
the fiscal year.
``(3) Use of appropriated funds.--Subject to paragraph (4),
amounts made available under paragraph (1) shall be provided to
the Foundation for use for matching, on a 1-to-1 basis,
contributions (whether in currency, services, or property) made
to the Foundation by private persons and State and local
government agencies.
``(4) Prohibition on use for administrative expenses.--No
Federal funds made available under paragraph (1) shall be used
by the Foundation for administrative expenses of the
Foundation, including for salaries, travel and transportation
expenses, and other overhead expenses.
``(b) Additional Authorization.--
``(1) In general.--In addition to the amounts authorized to
be appropriated under subsection (a), the Foundation may accept
Federal funds from a Federal agency under any other Federal law
for use by the Foundation to further the conservation and
management of fish, wildlife, plants, and other natural
resources in accordance with the requirements of this Act.
``(2) Use of funds accepted from federal agencies.--Federal
funds provided to the Foundation under paragraph (1) shall be
used by the Foundation for matching, in whole or in part,
contributions (whether in currency, services, or property) made
to the Foundation by private persons and State and local
government agencies.
``(c) Prohibition on Use of Grant Amounts for Litigation and
Lobbying Expenses.--Amounts provided as a grant by the Foundation shall
not be used for--
``(1) any expense related to litigation; or
``(2) any activity the purpose of which is to influence
legislation pending before Congress.''.
SEC. 6. LIMITATION ON AUTHORITY.
The National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701 et seq.) is amended by adding at the end the following:
``SEC. 11. LIMITATION ON AUTHORITY.
``Nothing in this Act authorizes the Foundation to perform any
function the authority for which is provided to the National Park
Foundation by Public Law 90-209 (16 U.S.C. 19e et seq.).''.
Passed the Senate March 9, 2000.
Attest:
GARY SISCO,
Secretary. | (Sec. 3) Increases the Foundation's Board of Directors from 15 to 25 members, including the Director of the USFWS and the Under Secretary of Commerce for Oceans and Atmosphere.
(Sec. 4) Authorizes the Foundation to have its principal offices in Washington, D.C. (as currently provided), or in the bordering counties of Maryland or Virginia.
Sets forth conditions for the Foundation to: (1) acquire and convey property, including agency approval; and (2) invest and deposit Federal funds.
Revises provisions relating to agency approval of acquisitions of property and of conveyances and grants. Sets forth limitations relating to the Foundation's: (1) reconveyance of real property; and (2) expenditures for printing services or capital equipment.
(Sec. 5) Requires the Foundation's annual reporting of grant details to: (1) be submitted to specified congressional committees (currently, to Congress); and (2) include a detailed statement of the grant recipient, amount, and purpose.
(Sec. 6) Prohibits the Foundation from making a grant unless, at least 60 days before, the Foundation notifies the Member of Congress for the congressional district in which the grant project will be conducted.
(Sec. 7) Authorizes appropriations for FY 2001 and 2002 for the Departments of Commerce and the Interior to carry out activities under the Act (conservation or management of fish, wildlife, plants, and other natural resources). Authorizes the Foundation to accept funds from a Federal agency under any other Federal law to further its conservation and management activities. Sets forth matching funds requirements.
Prohibits Foundation grants from being used for litigation expenses or for lobbying Congress.
Declares that nothing in this Act authorizes the Foundation to perform any function for which authority is provided to the National Park Foundation by specified Federal law.
(Sec. 9) Prohibits grant funds from being used for any activity related to the introduction of wolves or grizzly bears in Idaho, Montana, Utah, or Wyoming. | {"src": "billsum_train", "title": "National Fish and Wildlife Foundation Establishment Act Amendments of 2000"} | 2,896 | 447 | 0.503621 | 1.724993 | 0.729514 | 2.461538 | 6.705128 | 0.835897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cell Tax Fairness Act of 2008''.
SEC. 2. MORATORIUM.
(a) In General.--No State or local jurisdiction shall impose a new
discriminatory tax on or with respect to mobile services, mobile
service providers, or mobile service property, during the 5-year period
beginning on the date of enactment of this Act.
(b) Definitions.--In this Act:
(1) Mobile service.--The term ``mobile service'' means
commercial mobile radio service, as such term is defined in
section 20.3 of title 47, Code of Federal Regulations, as in
effect on the date of enactment of this Act, or any other
service that is primarily intended for receipt on, transmission
from, or use with a mobile telephone, including but not limited
to the receipt of a digital good.
(2) Mobile service property.--The term ``mobile service
property'' means all property used by a mobile service provider
in connection with its business of providing mobile services,
whether real, personal, tangible, or intangible and includes,
but is not limited to goodwill, licenses, customer lists, and
other similar intangible property associated with such
business.
(3) Mobile service provider.--The term ``mobile service
provider'' means any entity that sells or provides mobile
services, but only to the extent that such entity sells or
provides mobile services.
(4) New discriminatory tax.--The term ``new discriminatory
tax'' means any tax imposed by a State or local jurisdiction
that--
(A) is imposed on or with respect to, or is
measured by the charges, receipts, or revenues from or
value of--
(i) any mobile service and is not generally
imposed, or is generally imposed at a lower
rate, on or with respect to, or measured by the
charges, receipts or revenues from, other
services or transactions involving tangible
personal property;
(ii) any mobile service provider and is not
generally imposed, or is generally imposed at a
lower rate, on other persons that are engaged
in businesses other than the provision of
mobile services; or
(iii) any mobile service property and is
not generally imposed, or is generally imposed
at a lower rate, on or with respect to, or
measured by the value of, other property that
is devoted to a commercial or industrial use
and subject to a property tax levy, except
public utility property owned by a public
utility subject to rate of return regulation by
a State or Federal regulatory authority; and
(B) was not generally imposed and actually enforced
on mobile services, mobile service providers, or mobile
service property prior to the date of enactment of this
Act.
(5) State or local jurisdiction.--The term ``State or local
jurisdiction'' means any of the several States, the District of
Columbia, any territory or possession of the United States, a
political subdivision of any State, territory, or possession,
or any governmental entity or person acting on behalf of such
State, territory, possession, or subdivision and with the
authority to assess, impose, levy, or collect taxes or fees.
(6) Tax.--
(A) In general.--The term ``tax'' means any charge
imposed by any governmental entity for the purpose of
generating revenues for governmental purposes, and is
not a fee imposed on an individual entity or class of
entities for a specific privilege, service, or benefit
conferred exclusively on such entity or class of
entities.
(B) Exclusion.--The term ``tax'' does not include
any fee or charge--
(i) used to preserve and advance Federal
universal service or similar State programs
authorized by section 254 of the Communications
Act of 1934 (47 U.S.C. 254); or
(ii) specifically dedicated by a State or
local jurisdiction for the support of E-911
communications systems.
(c) Rules of Construction.--
(1) Determination.--For purposes of subsection (b)(4), all
taxes, tax rates, exemptions, deductions, credits, incentives,
exclusions, and other similar factors shall be taken into
account in determining whether a tax is a new discriminatory
tax.
(2) Application of principles.--Except as otherwise
provided in this Act, in determining whether a tax on mobile
service property is a new discriminatory tax for purposes of
subsection (b)(4)(A)(iii), principles similar to those set
forth in section 306 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (49 U.S.C. 11501) shall apply.
(3) Exclusions.--Notwithstanding any other provision of
this Act--
(A) the term ``generally imposed'' as used in
subsection (b)(4) shall not apply to any tax imposed
only on--
(i) specific services;
(ii) specific industries or business
segments; or
(iii) specific types of property; and
(B) the term ``new discriminatory tax'' shall not
include a new tax or the modification of an existing
tax that--
(i) replaces one or more taxes that had
been imposed on mobile services, mobile service
providers, or mobile service property; and
(ii) is designed so that, based on
information available at the time of the
enactment of such new tax or such modification,
the amount of tax revenues generated thereby
with respect to such mobile services, mobile
service providers, or mobile service property
is reasonably expected to not exceed the amount
of tax revenues that would have been generated
by the respective replaced tax or taxes with
respect to such mobile services, mobile service
providers, or mobile service property.
SEC. 3. ENFORCEMENT.
(a) Burden of Proof.--The burden of proof in any proceeding brought
under this Act shall be upon the party seeking relief and shall be by a
preponderance of the evidence on all issues of fact.
(b) Relief.--In granting relief against a tax which is
discriminatory or excessive under this Act with respect to tax rate or
amount only, the court shall prevent, restrain, or terminate the
imposition, levy, or collection of no more than the discriminatory or
excessive portion of the tax as determined by the court. | Cell Tax Fairness Act of 2008 - Prohibits states or local governments from imposing any new discriminatory tax on mobile services, mobile service providers, or mobile service property for five years after the enactment of this Act. Defines "new discriminatory tax" as a tax imposed on mobile services, providers, or property that is not generally imposed on other types of services or property, or that is generally imposed at a lower rate. | {"src": "billsum_train", "title": "To restrict any State or local jurisdiction from imposing a new discriminatory tax on cell phone services, providers, or property."} | 1,378 | 100 | 0.644132 | 1.713889 | 1.767687 | 3.62963 | 15.716049 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Committee on Foreign Investment in
the United States Reform Act''.
SEC. 2. CLARIFICATION OF REVIEW AND INVESTIGATION PROCESS.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. App.
2170) is amended by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) National Security Review.--
``(1) In general.--Upon receiving written notification, as
prescribed by regulations under this section, of any proposed
or pending merger, acquisition, or takeover by or with any
foreign person which could result in foreign control of any
person engaged in interstate commerce in the United States, the
President or the President's designee shall review the proposed
or pending merger, acquisition, or takeover to determine
whether the proposed or pending merger, acquisition, or
takeover may possibly have an effect on the national security
of the United States.
``(2) Procedure.--The President or the President's designee
shall establish, by regulation, procedures that--
``(A) require each of the factors listed in
subsection (f) to be considered in the course of a
review under paragraph (1); and
``(B) require a specific response to be prepared
with respect to the applicability of each such factor
to the proposed or pending merger, acquisition, or
takeover under review.
``(3) Involvement of foreign government.--If the review
under paragraph (1) determines that the merger, acquisition, or
takeover could result in the control, directly or indirectly,
of any person engaged in interstate commerce in the United
States by a foreign government or an entity controlled by or
acting on behalf of a foreign government, the merger,
acquisition, or takeover shall be treated as possibly having an
effect on the national security of the United States for
purposes of requiring an investigation under subsection (b).
``(4) Approval of secretary.--In the case of any review of
a merger, acquisition, or takeover under paragraph (1) that
involves or has resulted in any agreement that establishes any
conditions on the transaction, or any requirements for any
person involved in the transaction, in order to mitigate
against any possible effect of the transaction on the national
security of the United States, any determination resulting from
the review shall not be treated as final until the
determination is approved by the President, the Secretary of
the Treasury, or the Deputy Secretary of the Treasury.
``(5) Timing.--Any review required under paragraph (1)
shall be completed before the end of the 30-day period
beginning on the date of the receipt by the President or the
President's designee of written notification of the proposed or
pending merger, acquisition, or takeover.
``(b) National Security Investigation.--
``(1) In general.--If any review of any proposed or pending
merger, acquisition, or takeover under subsection (a) results
in a determination that the merger, acquisition, or takeover
may possibly have an effect on the national security of the
United States, the President or the President's designee shall
conduct an investigation of--
``(A) the possible effects of the merger,
acquisition, or takeover on the national security of
the United States; and
``(B) possible actions to protect the national
security of the United States in connection with the
merger, acquisition, or takeover.
``(2) Procedure.--The President or the President's designee
shall establish, by regulation, procedures that--
``(A) require any investigation under paragraph (1)
to analyze the proposed or pending merger, acquisition,
or takeover on the basis of each of the factors listed
in subsection (f);
``(B) require a specific response to be prepared
with respect to the applicability of each such factor
to the proposed or pending merger, acquisition, or
takeover under review, the concerns that any such
applicability raises with regard to the transaction,
and any possible actions to address such concerns;
``(C) subject to paragraph (3), establish
appropriate time frames for an investigation that
ensures sufficient time to address relevant issues
concerning any proposed or pending merger, acquisition,
or takeover;
``(D) take into account the impact of
investigations on the open investment policy of the
United States; and
``(E) in any case in which the investigation under
paragraph (1) is conducted by a designee of the
President, provide guidance to the designee for
determining the manner and under what circumstances the
designee shall report the results of the investigation
and the recommendations of the designee to the
President for the President's consideration.
``(3) Timing.--Any investigation required under paragraph
(1) shall be completed before the end of the 45-day period
beginning on the date of the determination under subsection (a)
that the merger, acquisition, or takeover may possibly have an
effect on the national security of the United States.''.
SEC. 3. AUTHORITY TO TAKE CERTAIN ACTIONS AFTER WITHDRAWAL OF NOTICE.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. App.
2170) is amended--
(1) by redesignating subsection (k) as subsection (o); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Authority in Case of Withdrawal of Notice.--In the case of
any withdrawal of written notice submitted by a person or entity under
subsection (a)(1) of any proposed or pending merger, acquisition, or
takeover before any review or investigation under subsection (a) or
(b), as the case may be, is completed, the President or the President's
designee shall establish--
``(1) interim protections to address specific concerns with
such merger, acquisition, or takeover that have been raised in
connection with any such review or investigation pending any
resubmission of such written notice by such person or entity
and further action by the President under this section;
``(2) specific timeframes for resubmitting any such written
notice; and
``(3) a process for tracking any actions that may be taken
by such person or entity in connection with such merger,
acquisition, or takeover prior to resubmitting any such written
notice.''.
SEC. 4. ADDITIONAL FACTORS REQUIRED TO BE CONSIDERED.
Section 721(f) of the Defense Production Act of 1950 (50 U.S.C.
App. 2170(f)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``may'' and inserting ``shall'';
and
(B) by striking ``among other factors'';
(2) by striking ``and'' at the end of paragraph (4);
(3) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
``(6) whether the acquisition affects the critical
infrastructure of the United States;
``(7) whether an entity controlled by or acting on behalf
of a foreign government is involved in the transaction; and
``(8) such other factors as the President or the
President's designee may determine to be appropriate, generally
or in connection with a specific investigation.''.
SEC. 5. INCREASED OVERSIGHT BY THE CONGRESS.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. App.
2170) is amended by inserting after subsection (k) (as added by section
3 of this Act) the following new subsections:
``(l) Annual Report to the Congress.--
``(1) In general.--The President or the President's
designee shall transmit a report to the Congress before January
31 of each year on all the reviews under subsection (a) and the
investigations under subsection (b) conducted during the
preceding year.
``(2) Contents of report.--The report under paragraph (1)
shall contain the following information with respect to each
proposed or pending merger, acquisition, or takeover covered by
the report which was reviewed under subsection (a) or
investigated under subsection (b):
``(A) The national security concerns, if any,
raised by any agency contacted in connection with or
involved in any aspect of such review and
investigation.
``(B) The manner in which any such concerns were
mitigated either by action of the President or the
President's designee or by the action of any party to
the merger, acquisition, or takeover.
``(C) Whether the merger, acquisition, or takeover
was consummated, abandoned, or remained pending at the
end of the year covered by the report.
``(m) Quarterly Report on Transactions Under Consideration.--
``(1) In general.--Before the end of the 10-day period
beginning on the 1st day of each calendar quarter, the
President or the President's designee shall transmit a report
to the Congress on all transactions which, as of the last day
of the preceding calendar quarter, were under review under
subsection (a) or under investigation under subsection (b).
``(2) Contents.--The report under paragraph (1) shall
contain such information as may be necessary to inform the
Congress of the nature and scope of each transaction, the
national security implications of each transaction, the parties
to each transaction, the possible terms of any contemplated,
pending, or completed mitigation agreement or other limitations
or requirements that may be imposed as a condition for approval
of the transaction, and such other information that may be
useful to the Congress or requested by the Congress in
reviewing such transaction.''.
SEC. 6. STATUTORY ESTABLISHMENT OF THE COMMITTEE ON FOREIGN INVESTMENT
IN THE UNITED STATES.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. App.
2170) is amended by inserting after subsection (m) (as added by section
5 of this Act) the following new subsection:
``(n) Committee on Foreign Investment in the United States.--
``(1) Establishment.--The Committee on Foreign Investment
in the United States established pursuant to Executive Order
No. 11858 (hereafter in this section referred to as the
`Committee' shall be a multi-agency committee to carry out this
section as the designee of the President and such other
assignments as the President may designate.
``(2) Membership.--The Committee shall be comprised of the
following members or their designee:
``(A) The Secretary of the Treasury.
``(B) The Secretary of Commerce.
``(C) The Secretary of Defense.
``(D) The Secretary of State.
``(E) The Attorney General.
``(F) The Secretary of Homeland Security.
``(G) The Chairman of the Council of Economic
Advisors.
``(H) The United States Trade Representative.
``(I) The Director of the Office of Management and
Budget.
``(J) The Director of the National Economic
Council.
``(K) The Director of the Office of Science and
Technology Policy.
``(L) Any other designee of the President from the
Executive Office of the President.
``(M) The Director of National Intelligence.
``(3) Chairperson.--The Secretary of the Treasury shall be
the Chairperson of the Committee.
``(4) Other members.--The Chairperson of the Committee
shall involve the heads of such other Federal agencies in any
investigation under subsection (a) as the Chairperson
determines to be appropriate on the basis of the facts and
circumstances of the transaction under investigation or the
designee of any such agency head.
``(5) Meetings.--The Committee shall meet upon the
direction of the President or upon the call of the Chairperson
of the Committee.
``(6) Hearings and evidence.--The Committee may, for the
purpose of carrying out this section--
``(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, administer such oaths; and
``(B) subject to paragraph (7)(A), require, by
subpoena or otherwise, the attendance and testimony of
such witnesses and the production of such books,
records, correspondence, memoranda, papers, and
documents as the Chairperson of the Committee may
determine advisable.
``(7) Subpoenas.--
``(A) Issuance.--
``(i) In general.--A subpoena may be issued
under this subsection only by direction of the
President or the Chairperson.
``(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection may be
issued under the signature of the Chairperson
and may be served by any person designated by
the Chairperson or by a member designated by a
majority of the Committee.
``(B) Enforcement.--In the case of contumacy or
failure to obey a subpoena issued under subparagraph
(A), the United States district court for the judicial
district in which the subpoenaed person resides, is
served, or may be found, or where the subpoena is
returnable, may issue an order requiring such person to
appear at any designated place to testify or to produce
documentary or other evidence. Any failure to obey the
order of the court may be punished by the court as a
contempt of that court.''. | Committee on Foreign Investment in the United States Reform Act - Amends the Defense Production Act of 1950 to revise provisions concerning presidential authority to review any mergers, acquisitions, and takeovers (transactions) that could result in foreign control of persons engaged in interstate commerce in the United States. Directs the President, after receiving written notification of a transaction, to determine whether the transaction may possibly have an effect on U.S. national security. Requires an investigation whenever a review determines that the transaction could result in foreign control of persons engaged in U.S. interstate commerce. Provides that, when a review determines that conditions must be established on the transaction before its approval, such determination shall not be final until approved by the President and either the Secretary or Deputy Secretary of the Treasury. Outlines national security investigation requirements and procedures.
Authorizes the President to establish interim protections in the case of a withdrawal of written notice of a proposed or pending transaction before a review or investigation is completed.
Provides additional factors to be considered in an investigation, including whether the transaction affects U.S. critical infrastructure.
Requires annual and quarterly reports to Congress on such reviews and investigations.
Reestablishes the Committee on Foreign Investment in the United States (CFIUS) as a multi-agency committee (currently, a committee within the Department of the Treasury). | {"src": "billsum_train", "title": "To amend section 721 of the Defense Production Act of 1950 to implement certain recommendations relating to the review of certain mergers, acquisitions, or takeovers by or with any foreign person, and for other purposes."} | 2,980 | 304 | 0.616071 | 1.825289 | 0.83362 | 2.688 | 11.208 | 0.88 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Community
Protection Against Wildfire Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Reservation of National Fire Plan funds for wildfire control
efforts on Federal lands in wildland-urban
interface.
Sec. 4. Community and private land wildfire assistance.
Sec. 5. Limitation on maximum diameter of living trees that may be cut.
Sec. 6. Forest restoration and value-added centers.
Sec. 7. Treatment of receipts.
SEC. 2. DEFINITIONS.
In this Act:
(1) Center.--The term ``Center'' means a Restoration and
Value-Added Center established under section 6.
(2) Federal lands.--The term ``Federal lands'' means--
(A) National Forest System lands; and
(B) public lands administered by the Secretary of
the Interior, acting through the National Park Service,
the United States Fish and Wildlife Service, or the
Bureau of Land Management.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(4) Micro-enterprise.--The term ``micro-enterprise'' means
a non-subsidiary business or cooperative employing five or
fewer people.
(5) National fire plan.--The term ``National Fire Plan''
means the plans, strategies, projects, and activities of the
Secretary concerned to respond to adverse impacts on
communities and the environment from wildfires on Federal
public lands, which are based on and reflect the following:
(A) The report of the Secretary of Agriculture and
the Secretary of the Interior entitled ``Managing the
Impact of Wildfires on Communities and the
Environment'', dated September 8, 2000.
(B) Congressional direction accompanying
appropriations to the Department of Agriculture and the
Department of the Interior for wildland fire management
for fiscal year 2001 and subsequent years.
(6) Secretary concerned.--The ``Secretary concerned''
means--
(A) the Secretary of Agriculture or the appropriate
Federal land manager with respect to the Federal lands
described in paragraph (2)(A); and
(B) the Secretary of the Interior or the
appropriate Federal land manager with respect to the
Federal lands described in paragraph (2)(B).
(7) Small enterprise.--The term ``small enterprise'' means
a non-subsidiary business or cooperative employing between 6
and 150 people.
(8) Wildland-urban interface.--The term ``wildland-urban
interface'' means a geographic area in which--
(A) homes and other structures are within one-
quarter mile of, or intermixed with, Federal lands
containing flammable vegetation;
(B) the conditions on such lands are conducive to
wildfire; and
(C) there is a significant probability of a fire
ignition and a resulting spread of the wildfire.
SEC. 3. RESERVATION OF NATIONAL FIRE PLAN FUNDS FOR WILDFIRE CONTROL
EFFORTS ON FEDERAL LANDS IN WILDLAND-URBAN INTERFACE.
Of the total funds appropriated or otherwise made available to the
Secretary concerned to implement the National Fire Plan in a fiscal
year, the Secretary concerned shall expend not less than 85 percent of
the funds to plan and carry out hazardous fuels reduction projects and
other wildfire control efforts on Federal lands in the wildland-urban
interface.
SEC. 4. COMMUNITY AND PRIVATE LAND WILDFIRE ASSISTANCE.
(a) Provision of Assistance.--The Secretary of Agriculture shall
make grants to States and Indian tribes for the purpose of--
(1) promoting optimal firefighting efficiency at the
Federal, State, Indian tribe, and local levels in the wildland-
urban interface;
(2) augmenting Federal projects under the National Fire
Plan that establish landscape level protection from wildfires;
(3) expanding outreach and education programs to homeowners
and communities about fire prevention; and
(4) establishing space around homes and property of private
landowners that is defensible against wildfires.
(b) Administration and Implementation.--The grant funds shall be
administered, and projects using such funds shall be implemented, by
State foresters or equivalent State officials or, in the case of a
grant to an Indian tribe, an appropriate representative of the Indian
tribe.
(c) Use of Grant Funds.--The grant funds provided by the Secretary
of Agriculture to a State or Indian tribe shall be used to undertake on
non-Federal lands in the wildland-urban interface--
(1) fuel hazard mitigation and prevention;
(2) invasive species management;
(3) multiresource wildfire planning;
(4) community protection planning;
(5) community and landowner education enterprises,
including the program known as FIREWISE; and
(6) special restoration projects.
(d) Consent Required.--Activities undertaken on non-Federal lands
shall be undertaken only with the consent of the owner of the lands.
(e) Distribution of Grant Funds.--Funds appropriated or otherwise
made available to carry out this section for a fiscal year shall be
distributed by the Secretary of Agriculture to each State and Indian
tribe in an amount that bears the same relationship to the total funds
available as the population of communities at risk to wildlife in the
State or area under the jurisdiction of the Indian tribe, as determined
by the Secretary, bears to the total population of all communities at
risk.
(f) Authorization of Appropriations.--There are hereby authorized
to be appropriated to the Secretary of Agriculture to carry out this
section a total of $1,500,000,000 during the five-fiscal year period
beginning October 1, 2002.
SEC. 5. LIMITATION ON MAXIMUM DIAMETER OF LIVING TREES THAT MAY BE CUT.
(a) Limitations Required.--To ensure that funds appropriated or
otherwise made available to implement the National Fire Plan or to make
grants under section 4 are used to actually reduce the threat of
catastrophic wildfire in the wildland-urban interface, rather than
increase the harvest of valuable timber, the Secretary concerned shall
adopt and enforce regulations that limit the diameter of trees that may
be removed as part of any hazardous fuels reduction project or other
wildfire control effort funded in whole or in part using National Fire
Plan funds or grant funds under section 4.
(b) Basis for Regulations.--The Secretary concerned shall develop
the regulations required by subsection (a) using the recommendations
contained in a study, to be conducted by the National Academy of
Sciences, regarding diameter limitations based on tree species and
forest types. The National Academy of Sciences shall include specific
recommendations in the study for the content of the regulations.
(c) Exception.--The Secretary concerned may grant an exception to a
diameter limitation adopted under subsection (a) if the Secretary
determines that extraordinary circumstances exist requiring the removal
of a tree that exceeds the limitation to ensure public safety.
(d) Time Period for Implementation.--The study required by
subsection (b) shall be completed and submitted to the Secretary within
eight months after the date of the enactment of this Act. As soon as
possible after receipt of the study, the Secretary concerned shall
publish in the Federal Register the notice of proposed rule making
under this section and otherwise comply with the requirements of
section 553 of title 5, United States Code. Within eight months after
the receipt of the study, the final regulations shall be issued. The
regulations shall apply to hazardous fuels reduction projects and other
wildfire control efforts beginning on or after October 1, 2003, and
funded in whole or in part using National Fire Plan funds or grant
funds under section 4.
SEC. 6. FOREST RESTORATION AND VALUE-ADDED CENTERS.
(a) Establishment.--The Secretary concerned may provide cost-share
grants, cooperative agreements, or both to establish Restoration and
Value-Added Centers in order to improve the implementation of
collaborative, community-based restoration projects on Federal lands.
(b) Requirements.--The Centers shall provide technical assistance
to nonprofit organizations, existing small enterprises or micro-
enterprises or individuals interested in creating a natural-resource
related small enterprise or micro-enterprise in the following areas--
(1) restoration, and
(2) processing techniques for the byproducts of restoration
and value-added manufacturing.
(c) Additional Requirements.--The Centers shall provide technical
assistance in--
(1) using the latest, independent peer reviewed, scientific
information and methodology to accomplish restoration and
ecosystem health objectives,
(2) workforce training for value-added manufacturing and
restoration,
(3) marketing and business support for conservation-based
small enterprises and micro-enterprises,
(4) accessing urban markets for small enterprises and
micro-enterprises located in rural communities,
(5) developing technology for restoration and the use of
products resulting from restoration,
(6) accessing funding from government and non-government
sources, and
(7) development of economic infrastructure including
collaborative planning, proposal development, and grant writing
where appropriate.
(d) Locations.--The Secretaries shall ensure that--
(1) the Centers are located in the Forest Service regions
with the highest percentage of forested land designated as
condition class 3; and
(2) each Center is easily accessible to rural communities
that are adjacent to, or surrounded by, Federal lands in the
region.
(e) Process for Establishment.--(1) The Secretary concerned may
enter into partnerships and cooperative agreements with other Federal
agencies or other organizations, including local nonprofit
organizations, conservation groups, or community colleges in creating
and maintaining the Restoration and Value-Added Centers.
(2) The appropriate Regional Forester and State Bureau of Land
Management Director shall issue a request for proposals to create a
Restoration and Value-Added Center. The Regional Forester and State
Bureau of Land Management Director shall select a proposal with input
from existing Resource and Technical Advisory Committees where
appropriate.
(f) Cost-Sharing.--(1) The Secretary concerned shall provide cost-
share grants, cooperative agreements, or both equaling 75 percent of
each Restoration and Value-Added Center's operating costs, including
business planning, not to exceed $1,000,000 annually per Center.
(2) After a Restoration and Value-Added Center has operated for
five years, the Secretary concerned shall assess the Center's
performance and begin to reduce, by 25 percent annually, the level of
Federal funding for the center's operating costs.
(g) Notice.--Within 30 days of approving a grant or cooperative
agreement to establish a Restoration and Value-Added Center, the
Secretary shall notify the Committee on Energy and Natural Resources of
the Senate and the Committee on Resources of the House of
Representatives and identify the recipient of the grant award or
cooperative agreement.
(h) Report.--No later than five years after the date of the
enactment of this Act, the Secretary concerned shall submit a report to
the Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives assessing the
Restoration and Value-Added Centers. The report shall include--
(1) descriptions of the organizations receiving assistance
from the Centers, including their geographic and demographic
distribution;
(2) a summary of the projects the technical assistance
recipients implemented; and
(3) an estimate of the number of non-profit organizations,
small enterprises, micro-enterprises, or individuals assisted
by the Restoration and Value-Added Centers.
SEC. 7. TREATMENT OF RECEIPTS.
Any moneys collected as a result of a hazardous fuels reduction
project or other wildfire control effort funded in whole or in part
using National Fire Plan funds or grant funds under section 4 shall be
deposited in the general fund of the Treasury. Such receipts shall not
be considered to be moneys received from the National Forest System or
other Federal lands under any other provision of law. | Community Protection Against Wildfire Act of 2002 - Requires that at least 85 percent of the funds made available to implement the National Fire Plan go to hazardous fuels reduction projects and other wildfire control efforts on Federal lands in the wildland-urban interface (certain geographic areas conducive to wildfire that contain homes).Directs the Secretary of Agriculture to make grants to States and Indian tribes for various purposes, including: (1) the promotion of optimal firefighting efficiency; and (2) the expansion of outreach and education programs.Requires the Secretaries concerned (the Secretary of Agriculture, the Secretary of the Interior or appropriate Federal land managers) to promulgate regulations limiting the diameter of trees that may be removed as part of any wildfire control effort using Federal funds. Permits the Secretary concerned to grant an exception to such limitation for extraordinary circumstances.Allows the Secretary concerned to provide cost-share grants and cooperative agreements to establish Restoration and Value-Added Centers to augment community-based restoration projects on Federal lands. Prescribes that the Centers shall provide technical assistance to small enterprises or micro-enterprises in specified areas.Authorizes the Secretary concerned to enter into partnerships and cooperative agreements with specified groups in creating and maintaining the Centers. Requires the Secretary concerned to provide cost-share grants and/or cooperative agreements equaling 75 percent of each Center's operating costs, not to exceed $1,000,000 annually per Center. | {"src": "billsum_train", "title": "To ensure that funds made available to implement the National Fire Plan on National Forest System lands and other public lands are used to reduce the threat of catastrophic wildfire in the wildland-urban interface, to support community and private land wildfire control efforts, to require that receipts generated from hazardous fuels reduction projects are returned to the Treasury, and for other purposes."} | 2,617 | 305 | 0.601447 | 1.659468 | 0.726242 | 4.027132 | 9.406977 | 0.903101 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medication Therapy Management
Benefits Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Medications are important to the management of chronic
diseases that require long-term or lifelong therapy.
Pharmacists are uniquely qualified as medication experts to
work with patients to manage their medications and chronic
conditions and play a key role in helping patients take their
medications as prescribed.
(2) Nonadherence with medications is a significant problem.
According to a report by the World Health Organization, in
developed countries, only 50 percent of patients with chronic
diseases adhere to medication therapies. For example, in the
United States only 51 percent of patients taking blood pressure
medications are adherent; similarly, only 40 to 70 percent of
patients taking antidepressant medications adhere to prescribed
therapies.
(3) Failure to take medications as prescribed costs over
$177 billion dollars annually. The problem of nonadherence is
particularly important for patients with chronic diseases that
require use of medications; poor adherence leads to unnecessary
disease progression, reduced functional status, lower quality
of life, and premature death.
(4) When patients adhere to, or comply with, their
medication therapy, it is possible to reduce higher-cost
medical attention, such as emergency department visits and
catastrophic care, and avoid the preventable human costs that
impact patients and those who care for them.
(5) Studies have clearly demonstrated that community-based
medication therapy management (MTM) services provided by
pharmacists improve health care outcomes and reduce spending.
For example, the Asheville Project--a diabetes program designed
for city employees in Asheville, North Carolina, and delivered
by community pharmacists--resulted over a 5-year period in a
decrease in total direct medical costs ranging from $1,622 to
$3,356 per patient per year, a 50 percent decrease in the use
of sick days, and an increase in productivity accounting for an
estimated savings of $18,000 annually. Another project
involving pharmacist-provided care to patients with high
cholesterol increased compliance with medication to 90 percent
from a national average of 40 percent. In North Carolina, the
ChecKmeds NC program, which offers eligible seniors one-on-one
MTM consultations with pharmacists, saved an estimated
$10,000,000 in healthcare costs and avoided numerous health
problems in the first year of the program for the more than
15,000 seniors receiving MTM. Similar results have been
achieved in several other demonstrations using community
pharmacists.
(6) Therefore, enhancement of the MTM benefit under part D
of the Medicare program should be a key component of the
national health care reform agenda.
SEC. 3. IMPROVEMENT IN PART D MEDICATION THERAPY MANAGEMENT (MTM)
PROGRAMS.
(a) In General.--Section 1860D-4(c)(2) of the Social Security Act
(42 U.S.C. 1395w-104(c)(2)) is amended--
(1) by redesignating subparagraphs (C) through (E) as
subparagraphs (F) through (H), respectively; and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Required reviews and interventions.--
Beginning in the first plan year after the date of the
enactment of the Medication Therapy Management Benefits
Act of 2009, PDP sponsors shall offer medication
therapy management services to targeted beneficiaries
described in subparagraph (A)(ii) that include, at a
minimum, the following to increase adherence to
prescription medications:
``(i) An annual comprehensive medication
review furnished person-to-person by a licensed
pharmacist. The comprehensive medication
review--
``(I) shall include a review of the
individual's medications, creation of a
personal medication record, and a
recommended medication action plan in
consultation with the individual and
the prescriber; and
``(II) shall include providing the
patient with a written or printed
summary.
``(ii) Targeted medication reviews
furnished person-to-person by a licensed
pharmacist offered no less frequently than once
every quarter to assess medication use since
the last annual comprehensive medication
review, to monitor unresolved issues, to
identify problems with new drug therapies or if
the individual has experienced a transition in
care.
``(iii) Followup interventions, which may
be provided person-to-person or through other
interactive means, on a schedule and frequency
recommended by the prescriber or a licensed
pharmacist.''.
(b) Increase Availability of MTM Services to Beneficiaries and
Increase Community Pharmacy Involvement in Provision of MTM Services.--
(1) Increased beneficiary access to mtm services.--Section
1860D-4(c)(2) of such Act (42 U.S.C. 1395w-104(c)(2)), as
amended by subsection (a), is further amended--
(A) in subparagraph (A)(ii)(I), by inserting before
the semicolon at the end the following: ``or any
chronic disease that accounts for high spending in the
Medicare program including diabetes, hypertension,
heart failure, dyslipidemia, respiratory disease (such
as asthma, chronic obstructive pulmonary disease or
chronic lung disorders), bone disease-arthritis (such
as osteoporosis and osteoarthritis), rheumatoid
arthritis, and mental health (such as depression,
schizophrenia, or bipolar disorder)'';
(B) by adding at the end of subparagraph (A) the
following new clause:
``(iii) Identification of individuals who
may benefit from medication therapy
management.--The PDP sponsor shall identify a
process subject to the Secretary's approval
that allows pharmacists or other qualified
providers to identify enrollees for medication
therapy management interventions where such
individuals are not described as targeted
beneficiaries under clause (ii) or are not
otherwise offered services described in
paragraph (C).''; and
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) Medication reviews for dual eligibles and
enrollees in transition of care.--Without regard to
whether an enrollee is a targeted beneficiary described
in subparagraph (A)(ii), the medication therapy
management program under this program shall offer--
``(i) a comprehensive medication review
described in subparagraph (C)(i) at the time of
initial enrollment under the plan for an
enrollee who is a full-benefit dual eligible
individual (as defined in section 1935(c)(6));
and
``(ii) a targeted medication review
described in subparagraph (C)(ii) for any
enrollee at the time of transition of care
(such as being discharged from a hospital or
another institutional setting) where new
medications have been introduced to the
individual's therapy.''.
(c) Community Pharmacy Access.--Section 1840D-4(c)(2) of such Act
is further amended by inserting after subparagraph (D) the following
new subparagraph:
``(E) Pharmacy access requirements.--A PDP sponsor
shall offer any willing pharmacy in its network the
ability to provide medication therapy management
services to assure that enrollees have the option of
obtaining services under the medication therapy
management program from community-based retail
pharmacies.''.
(d) Reimbursement and Incentives Based on Performance.--
(1) Appropriate reimbursement for the provision of mtm
services.--Section 1860D-4(c)(2)(H) of such Act, as
redesignated by subsection (a), is amended by striking the
first sentence and inserting the following: ``The PDP sponsor
shall reimburse pharmacists and other entities furnishing
medication therapy management services under this paragraph
based on the resources used and the time required to provide
such services.''.
(2) Evaluation of performance for payment incentives.--
Section 1860D-4(c)(2) of such Act (42 U.S.C. 1395w-104(c)(2))
is amended by adding at the end the following new subparagraph:
``(I) Evaluation of performance.--
``(i) Data collection and provider
measures.--Effective beginning in the first
plan year after the date of the enactment of
the Medication Therapy Management Benefits Act
of 2009, the Secretary shall establish measures
and standards for data collection by PDP
sponsors to evaluate performance of pharmacies
and other entities in furnishing medication
therapy management services. Such measures
shall be designed to help assess and improve
overall quality of care, including a reduction
in adverse medication reactions, improvements
in adherence and persistence in chronic
medication use, and a reduction in drug
spending, where appropriate. PDP sponsors shall
also compare outcomes based on the type of
entity offering such services and shall ensure
broader participation of entities that achieve
better outcomes with respect to such services.
The measures established under this clause
shall include measures developed by the
Pharmacy Quality Alliance (PQA) in the case of
pharmacist providers.
``(ii) Continual development and
incorporation of medication therapy management
measures in broader health care outcomes
measures.--The Secretary shall support the
continual development and refinement of
performance measures described in clause (i),
including the incorporation of medication use
measures as part of broader health care
outcomes measures. The Secretary shall work
with state Medicaid programs to incorporate
similar performance-based measures into State-
required Drug Use Review programs under title
XIX.
``(iii) Incentive payments.--Beginning with
plan year 2011, pharmacies and other entities
that furnish medication therapy management
services under this part shall be provided (in
a manner specified by the Secretary) with
additional incentive payments based on the
performance of such pharmacies and entities in
meeting the quality measures established under
clause (i). Such payments shall be made from
the Medicare Prescription Drug Account except
that such payments may be made from the Federal
Hospital Insurance Trust Fund or the Federal
Supplemental Medical Insurance Trust Fund if
the Secretary determines, based on data under
this part and parts A and B, that such services
have resulted in a reduction in expenditures
under part A or part B, respectively.''. | Medication Therapy Management Benefits Act of 2009 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA) to require that the medication therapy management (MTM) services prescription drug plan (PDP) sponsors offer to targeted beneficiaries include: (1) an annual comprehensive medication review furnished person-to-person by a licensed pharmacist; (2) at least quarterly targeted medication reviews, also furnished person-to-person by a licensed pharmacist; and (3) followup interventions, person-to-person or through other interactive means, on a schedule and frequency recommended by the prescriber or a licensed pharmacist.
Increases the number of diseases and conditions for which beneficiaries may be targeted for MTM services.
Requires a PDP sponsor to identify a process, subject to approval by the Secretary of Health and Human Services (HHS), that allows pharmacists or other qualified providers to identify enrollees for MTM interventions where such individuals are not targeted beneficiaries or are not otherwise offered MTM services.
Requires any MTM program to offer both comprehensive and targeted medication reviews to individuals dually eligible for both Medicare and Medicaid (under SSA title XIX), regardless of whether they are MTM-targeted beneficiaries.
Requires a PDP sponsor to offer any willing pharmacy in its network the ability to provide MTM services.
Requires the PDP sponsor to reimburse pharmacists and other entities furnishing MTM services based on the resources used and the time required to provide such services.
Directs the Secretary to: (1) establish measures and standards for data collection by PDP sponsors to evaluate performance of pharmacies and other entities in furnishing MTM services; and (2) support the continued development and refinement of performance measures.
Provides pharmacies and other entities that furnish MTM services with additional incentive payments based on their performance in meeting quality measures established under this Act. | {"src": "billsum_train", "title": "To amend part D of title XVIII of the Social Security Act to promote medication therapy management under the Medicare part D prescription drug program."} | 2,217 | 413 | 0.445487 | 1.550911 | 0.667068 | 3.611111 | 5.561111 | 0.938889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voluntary Public Access and Wildlife
Habitat Incentive Program Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) according to the United States Fish and Wildlife
Service, in 2001, 82,000,000 individuals in the United States
aged 16 years and older participated in wildlife-related
recreation, including 48,000,000 individuals who hunted, and
more than 66,000,000 who engaged in wildlife-related recreation
such as observing, feeding, or photographing wildlife, in the
United States;
(2) individuals who participated in wildlife-related
activities in 2001 spent--
(A) an estimated $56,000,000,000 on hunting and
fishing equipment and supplies; and
(B) more than $28,000,000,000 on food, lodging, and
transportation;
(3) purchases of hunting and fishing licenses, permits, and
stamps and excise taxes on goods used by hunters and fishers
have generated billions of dollars for wildlife conservation,
research, and management;
(4) the growing public demand for hunting and fishing
opportunities accessible to the public is increasingly
constrained by the limits on both public and private land
resources;
(5) recreational hunting and fishing--
(A) provide essential funding sources for--
(i) wildlife habitat development;
(ii) the conservation of wildlife;
(iii) the preservation of ecosystems; and
(iv) effective wildlife management; and
(B) contribute to the reduction of conflicts
between people and wildlife;
(6) limited public access on private land has often
frustrated and disappointed hunters, fishers, and other
naturalists and undermined the relationship between land owners
and the general public;
(7) 21 States and several tribal governments have
established successful but modest walk-in programs to encourage
public hunting on private farm, ranch, and forest land, yet the
demand for such voluntary access programs remains largely
unfulfilled;
(8) traditional agricultural production methods and markets
have in recent years offered limited income opportunities for
farm, ranch and forest land owners and operators; and
(9) current proposals to reform world agricultural trade
favor the development of new methods to support the income of
agricultural producers that have minimal impact on agricultural
production and prices.
SEC. 3. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM.
(a) In General.--Chapter 5 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3839bb et seq.) is amended by adding at
the end the following:
``SEC. 1240Q. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM.
``(a) In General.--The Secretary shall establish a voluntary public
access program under which States and tribal governments may apply for
grants to encourage owners and operators of privately-held farm, ranch,
and forest land to voluntarily make that land available for access by
the public for wildlife-dependent recreation, including hunting or
fishing, under programs administered by the States and tribal
governments.
``(b) Applications.--In submitting applications for a grant under
the program, a State or tribal government shall describe--
``(1) the benefits that the State or tribal government
intends to achieve by encouraging public access to private farm
and ranch land for--
``(A) hunting and fishing; and
``(B) to the maximum extent practicable, other
recreational purposes; and
``(2) the methods that will be used to achieve those
benefits.
``(c) Priority.--In approving applications and awarding grants
under the program, the Secretary shall give priority to States and
tribal governments that propose--
``(1) to maximize participation by offering a program the
terms of which are likely to meet with widespread acceptance
among landowners;
``(2) to ensure that land enrolled under the State or
tribal government program has appropriate wildlife habitat;
``(3) to strengthen wildlife habitat improvement efforts on
land enrolled in a special conservation reserve enhancement
program described in 1234(f)(4) by providing incentives to
increase public hunting and other recreational access on that
land; and
``(4) to use additional Federal, State, tribal government,
or private resources in carrying out the program.
``(d) Relationship to Other Laws.--Nothing in this section preempts
a State or tribal government law (including any State or tribal
government liability law).
``(e) Regulations.--The Secretary shall promulgate such regulations
as are necessary to carry out this section.''.
(b) Funding.--Section 1241(a) of the Food Security Act of 1985 (16
U.S.C. 3841(a)) is amended by adding at the end the following:
``(8) The voluntary public access program under section
1240Q, using, to the maximum extent practicable, $20,000,000 in
each of fiscal years 2008 through 2012.''.
SEC. 4. PREVENTION OF EXCESS BASE ACRES.
Section 1101(g)(2) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7911(g)(2)) is amended by striking subparagraph (C). | Voluntary Public Access and Wildlife Habitat Incentive Program Act of 2007 - Amends the Food Security Act of 1985 to direct the Secretary of Agriculture to establish a program under which states and tribal governments may apply for grants to encourage owners and operators of privately-held farm, ranch, and forest land to voluntarily make such land available for public access for wildlife-dependent recreation (including hunting or fishing) under state- and tribally-administered plans.
Amends the Farm Security and Rural Investment Act of 2002 to exclude from excess base acreage computation for direct and counter-cyclical payment purposes certain conservation enrolled farm land not planted in an agricultural commodity. | {"src": "billsum_train", "title": "To amend the Food Security Act of 1985 to encourage owners and operators of privately-held farm, ranch, and forest land to voluntarily make their land available for access by the public under programs administered by States and tribal governments."} | 1,112 | 143 | 0.495361 | 1.34693 | 0.678627 | 4.793388 | 8.53719 | 0.842975 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sexual Assault Survivors' Rights
Act''.
SEC. 2. DEFINITION OF SEXUAL ASSAULT SURVIVOR.
In this Act, the term ``sexual assault survivor'' includes a
deceased victim of sexual assault.
SEC. 3. SEXUAL ASSAULT SURVIVORS' RIGHTS.
(a) In General.--Title 18, United States Code, is amended by adding
after chapter 237 the following:
``CHAPTER 238--SEXUAL ASSAULT SURVIVORS' RIGHTS
``Sec.
``3772. Sexual assault survivors' rights.
``Sec. 3772. Sexual assault survivors' rights
``(a) Rights of Sexual Assault Survivors.--In addition to those
rights provided in section 3771, a sexual assault survivor has the
following rights:
``(1) The right not to be prevented from, or charged for,
receiving a medical forensic examination.
``(2) The right to--
``(A) subject to paragraph (3), have a sexual
assault evidence collection kit or its probative
contents preserved, without charge, for the duration of
the maximum applicable statute of limitations;
``(B) be informed of any result of a sexual assault
evidence collection kit, including a DNA profile match,
toxicology report, or other information collected as
part of a medical forensic examination, if such
disclosure would not impede or compromise an ongoing
investigation; and
``(C) be informed in writing of policies governing
the collection and preservation of a sexual assault
evidence collection kit.
``(3) The right, if the Government intends to destroy or
dispose of a sexual assault evidence collection kit or its
probative contents before the expiration of the maximum
applicable statute of limitations, to--
``(A) upon written request, receive written
notification from the prosecutor not later than 60 days
before the date of the intended destruction or
disposal; and
``(B) upon written request, be granted further
preservation of the kit or its probative contents.
``(4) The right to be informed of the rights under this
subsection.
``(b) Applicability.--Subsections (b) through (f) of section 3771
shall apply to sexual assault survivors.
``(c) Definition of Sexual Assault Survivor.--For purposes of this
section, the term `sexual assault survivor' includes a deceased victim
of sexual assault.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part II of title 18, United States Code, is amended by adding at the
end the following:
``238. Sexual assault survivors' rights..................... 3772''.
SEC. 4. SERVICES TO SURVIVORS.
Section 503(c)(1) of the Victims Rights and Restitution Act of 1990
(42 U.S.C. 10607(c)(1)) is amended--
(1) in subparagraph (A), by inserting ``, including sexual
assault service providers'' before the semicolon at the end;
(2) in subparagraph (C), by inserting ``, including sexual
assault counseling'' before the semicolon at the end; and
(3) in subparagraph (D), by inserting ``, including
national and local sexual assault hotlines'' before the period
at the end.
SEC. 5. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS.
The Victims of Crime Act of 1984 is amended by adding after section
1404E (42 U.S.C. 10603e) the following:
``SEC. 1404F. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS.
``(a) In General.--The Attorney General may make grants as provided
in section 1404(c)(1)(A) to States to develop and disseminate to
entities described in subsection (c)(1) written notice of applicable
rights and policies for sexual assault survivors.
``(b) Notification of Rights.--Each recipient of a grant awarded
under subsection (a) shall make its best effort to ensure that each
entity described in subsection (c)(1) provides individuals who identify
as a survivor of a sexual assault, and who consent to receiving such
information, with written notice of applicable rights and policies
regarding--
``(1) the right not to be charged fees for or otherwise
prevented from pursuing a sexual assault evidence collection
kit;
``(2) the right to have a sexual assault medical forensic
examination regardless of whether the survivor reports to or
cooperates with law enforcement;
``(3) the availability of a sexual assault advocate;
``(4) the availability of protective orders and policies
related to their enforcement;
``(5) policies regarding the storage, preservation, and
disposal of sexual assault evidence collection kits;
``(6) the process, if any, to request preservation of
sexual assault evidence collection kits or the probative
evidence from such kits; and
``(7) the availability of victim compensation and
restitution.
``(c) Dissemination of Written Notice.--Each recipient of a grant
awarded under subsection (a) shall--
``(1) provide the written notice described in subsection
(b) to medical centers, hospitals, forensic examiners, sexual
assault service providers, State and local law enforcement
agencies, and any other State agency or department reasonably
likely to serve sexual assault survivors; and
``(2) make the written notice described in subsection (b)
publicly available on the Internet website of the attorney
general of the State.
``(d) Provision To Promote Compliance.--The Attorney General may
provide such technical assistance and guidance as necessary to help
recipients meet the requirements of this section.
``(e) Integration of Systems.--Any system developed and implemented
under this section may be integrated with an existing case management
system operated by the recipient of the grant if the system meets the
requirements listed in this section.
``(f) Definition of Sexual Assault Survivor.--For purposes of this
section, the term `sexual assault survivor' includes a deceased victim
of sexual assault.''.
SEC. 6. WORKING GROUP.
(a) In General.--The Attorney General and the Secretary of Health
and Human Services (referred to in this section as the ``Secretary'')
shall establish a joint working group (referred to in this section as
the ``Working Group'') to develop, coordinate, and disseminate best
practices regarding the care and treatment of sexual assault survivors
and the preservation of forensic evidence.
(b) Consultation With Stakeholders.--The Working Group shall
consult with--
(1) stakeholders in law enforcement, prosecution, forensic
laboratory, counseling, forensic examiner, medical facility,
and medical provider communities; and
(2) representatives from not less than 3 national
organizations and State coalitions with demonstrated expertise
in sexual assault prevention, sexual assault advocacy, or
representation of sexual assault victims, particularly
representatives of underserved or ethnic minority communities.
(c) Membership.--The Working Group shall be composed of the
following members:
(1) The Administrator of the Health Resource and Services
Administration.
(2) The Administrator of the Centers for Medicare and
Medicaid Services.
(3) The Director of the Centers for Disease Control and
Prevention.
(4) The Director of the Indian Health Service.
(5) The Director of the Office for Victims of Crime.
(6) The Assistant Attorney General for the Office of
Justice Programs.
(7) The Director of the Office on Violence Against Women.
(8) Other governmental or nongovernmental agency heads at
the discretion of the Attorney General or the Secretary.
(d) Duties.--The Working Group shall--
(1) improve the coordination of the dissemination and
implementation of best practices and protocols regarding the
care and treatment of sexual assault survivors and the
preservation of evidence to hospital administrators,
physicians, forensic examiners, and other medical associations
and leaders in the medical community;
(2) develop and implement, where appropriate, clinical
guidelines and other incentives to encourage the adoption and
implementation of best practices and protocols regarding the
care and treatment of sexual assault survivors and the
preservation of evidence among hospital administrators,
physicians, forensic examiners, and other medical associations
and leaders in the medical community;
(3) improve the coordination of the dissemination and
implementation of best practices regarding the care and
treatment of sexual assault survivors and the preservation of
evidence to State attorneys general, United States attorneys,
heads of State law enforcement agencies, forensic laboratory
directors and managers, and other leaders in the law
enforcement community;
(4) develop and implement, where appropriate, incentives to
encourage the adoption or implementation of best practices
regarding the care and treatment of sexual assault survivors
and the preservation of evidence among State attorneys general,
United States attorneys, heads of State law enforcement
agencies, forensic laboratory directors and managers, and other
leaders in the law enforcement community;
(5) collect feedback from stakeholders, practitioners, and
leadership throughout the Federal and State law enforcement,
victim services, forensic science practitioner, and health care
communities to inform development of future best practices or
clinical guidelines regarding the care and treatment of sexual
assault survivors; and
(6) perform other activities, such as activities relating
to development, dissemination, outreach, engagement, or
training associated with advancing victim-centered care for
sexual assault survivors.
(e) Initial Operating Plan.--Not later than 120 days after its
first meeting, the Working Group shall submit to the Attorney General,
the Secretary, and Congress an operating plan for carrying out the
activities of the Working Group.
(f) Meetings.--The Working Group shall--
(1) hold its first meeting not later than 90 days after the
date of enactment of this Act; and
(2) meet not fewer than 2 times and not more than 5 times
each year.
(g) Report.--Not later than 2 years after the date of enactment of
this Act, the Working Group shall submit to the Attorney General, the
Secretary, and Congress a report containing the findings and
recommended actions of the Working Group.
SEC. 7. SENSE OF CONGRESS.
(a) Finding.--Congress finds that there is a substantial Federal
interest in encouraging more sexual assault survivors to come forward
and cooperate with law enforcement investigations and prosecutions.
(b) Sense of Congress.--It is the sense of Congress that--
(1) to further the Federal interest described in subsection
(a), the Attorney General should encourage State and Federal
prosecutors to refrain from prosecuting sexual assault
survivors for minor offenses such as underage alcohol
consumption, solicitation, or drug use, particularly if the
evidence of such an offense is uncovered through a medical
forensic examination; and
(2) in order to create an environment in which sexual
assault survivors feel more comfortable reporting crimes of
sexual violence to law enforcement agencies, survivors should
be informed, when appropriate, that they will not be prosecuted
for minor crimes discovered through their participation in
medical forensic examinations. | Sexual Assault Survivors' Rights Act This bill amends the federal criminal code to establish statutory rights for sexual assault survivors, including the right to: (1) receive a forensic medical examination at no cost, (2) have a sexual assault evidence collection kit (i.e., rape kit) preserved for the maximum applicable statute of limitations, (3) receive written notification prior to destruction or disposal of a rape kit, and (4) be informed of the rights and policies under this section. Additionally, it makes statutory crime victims' rights applicable to sexual assault survivors. The bill amends the Victims' Rights and Restitution Act of 1990 to include information about sexual assault services, programs, and providers in the description of services provided to victims. The bill amends the Victims of Crime Act of 1984 to authorize the Department of Justice's (DOJ's) Office of Justice Programs to make grants to states to develop sexual assault survivors' rights and policies and to disseminate written notice of such rights and policies to medical centers, hospitals, forensic examiners, sexual assault service providers, law enforcement agencies, and other state entities. DOJ and the Department of Health and Human Services must establish a joint working group to develop, coordinate, and disseminate best practices regarding the care and treatment of sexual assault survivors and the preservation of forensic evidence. It expresses the sense of Congress that: (1) DOJ should discourage prosecutions of sexual assault survivors for minor offenses (e.g., underage alcohol consumption), particularly if the evidence of such offense is discovered through a medical forensic examination, and (2) survivors should be informed that they will not be prosecuted for minor offenses discovered through a medical forensic examination. For purposes of this bill, the term "sexual assault survivor" includes a deceased victim of sexual assault. | {"src": "billsum_train", "title": "Sexual Assault Survivors' Rights Act"} | 2,375 | 402 | 0.628875 | 2.000795 | 0.786371 | 3.226087 | 6.495652 | 0.895652 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cleaning Product Right to Know Act
of 2016''.
SEC. 2. CLEANING PRODUCTS LABELING REQUIREMENT.
(a) Labeling Requirement.--Beginning 1 year after the date of
enactment of this Act, a cleaning product manufactured for sale,
offered for sale, distributed in commerce, or imported to the United
States after such date shall bear a label on the product's container or
packaging with, and the manufacturer of the product shall include on
the website of the manufacturer (if the manufacturer maintains a
website), a complete and accurate list of all the product's
ingredients, including the individual ingredients in dyes, fragrances,
and preservatives. Ingredients shall be listed in accordance with the
following:
(1) Ingredients shall be listed in descending order of
predominance in the product by weight, other than ingredients
that constitute less than 1 percent of the product, which may
be listed at the end in any order.
(2) The list of ingredients on the website of the product
shall--
(A) include the CAS Registry Number of each
ingredient;
(B) include an explanation of each ingredient's
purpose for being in the cleaning product; and
(C) be available in English, Spanish, and any other
language the Commission determines necessary to ensure
that users of the product in the United States are
informed as to the complete list of the product's
ingredients and their function.
(b) Treatment Under the FHSA.--A cleaning product that is not in
conformity with the labeling requirements of subsection (a), including
a product the manufacturer of which is not in compliance with the
website listing requirement with respect to such product, shall be
treated as a substance defined in section 2(p) of the Federal Hazardous
Substances Act (15 U.S.C. 1261(p)) for purposes of such Act.
(c) No Effect on Existing Labeling Requirements.--Nothing in this
Act shall be interpreted as having any effect on any labeling
requirements in effect before the date of enactment of this Act as
described in section 2(p) of the Federal Hazardous Substances Act (15
U.S.C. 1261(p)) or the Hazard Communication Standard of the
Occupational Safety and Health Administration.
(d) Rulemaking Authority.--Not later than 1 year after the date of
the enactment of this Act, in consultation with the Administrator of
the Environmental Protection Agency as necessary, the Commission shall
issue regulations--
(1) to ensure a standardized method of listing ingredients
in an accessible, uniform, and legible manner on both the label
and website of a product as required by subsection (a); and
(2) to provide for the effective enforcement of this Act.
SEC. 3. PUBLIC RIGHT TO KNOW PETITION.
(a) Petition.--Any person may submit a petition to the Commission
alleging that a cleaning product available in interstate commerce does
not satisfy the labeling requirements of this Act, including a product
the manufacturer of which is not in compliance with the requirement to
list the product's ingredients on its website.
(b) Action by the Commission.--The Commission shall notify a
petitioner of the receipt of a petition within 30 days after receipt of
such petition. The Commission shall investigate the claims made by the
petition and make a determination as to the validity of such claims
within 180 days after acknowledging the receipt of such petition. If
the Commission sustains the claim or claims made by the petition, the
Commission shall initiate the proper enforcement actions required by
law.
(c) Regulations.--The Commission may issue such regulations as it
determines necessary to require that petitions include a reasonable
evidentiary basis for the claims made therein.
SEC. 4. PREEMPTION.
Nothing in this Act affects the right of a State or political
subdivision of a State to adopt or enforce any regulation, requirement,
or standard of performance that is different from, or in addition to, a
regulation, requirement, liability, or standard of performance
established pursuant to this Act unless compliance with both this Act
and the State or political subdivision of a State regulation,
requirement, or standard of performance is impossible, in which case
the applicable provision of this Act shall control.
SEC. 5. DEFINITIONS.
In this Act:
(1) Air care product.--The term ``air care product'' means
a chemically formulated consumer product designed to clean and
freshen air or to deodorize and neutralize unwanted odors in
the indoor air, including solid gels, air freshener spray, an
outlet or battery operated air freshener, a hanging car air
freshener, and a potpourri product.
(2) Automotive product.--The term ``automotive product''
means a chemically formulated consumer product designed to
maintain the appearance of a motor vehicle, but does not
include automotive paint or a paint repair product.
(3) Cleaning product.--The term ``cleaning product'' means
any product used primarily for commercial, domestic, or
institutional cleaning purposes, including an air care product,
automotive product, disinfectant (except as provided in
subparagraph (B)), and polish or floor maintenance product.
Such term shall not include--
(A) any drug or cosmetics, including personal care
items such as toothpaste, shampoo, and hand soap; or
(B) a product labeled, advertised, marketed, and
distributed for use only as a pesticide, as defined by
section 2(u) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136(u)), including a
disinfectant intended for use solely on critical or
semi-critical devices as described by such section.
(4) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(5) Ingredient.--The term ``ingredient'' means a chemical
intentionally incorporated in a cleaning product, including--
(A) a chemical intentionally added to the product
that provides a technical or functional effect;
(B) the intentional breakdown product of a chemical
that has an effect on the cleaning product;
(C) with respect to a fragrance or preservative,
each individual component part of the fragrance or
preservative; and
(D) any individual component of an ingredient or of
an incidental ingredient that the Commission determines
should be considered an ingredient.
(6) Incidental ingredient.--The term ``incidental
ingredient'' means a chemical in a cleaning product,
including--
(A) any substance that is present by reason of
having been added to a cleaning product during
processing for its technical or functional effect;
(B) a chemical that has no technical or functional
effect but is present by reason of having been
incorporated into the cleaning product as a component
of an ingredient of another chemical; and
(C) any contaminant that may form via reactions
over the shelf life of a cleaning product and that may
be present at levels where detection is technologically
feasible.
(7) Polish or floor maintenance product.--The term ``polish
or floor maintenance product'' means a chemically formulated
consumer product designed to polish, protect, or maintain
furniture, floors, metal, leather, or other surfaces, including
polish, wax, and restorer. | Cleaning Product Right to Know Act of 2016 This bill requires cleaning products to bear a label with, and requires manufacturers to include on their websites, a list of all of the product's ingredients (including individual ingredients in dyes, fragrances, and preservatives) in descending order of predominance by weight, except that ingredients that constitute less than 1% of the product can be listed at the end in any order. Product websites must include: (1) the CAS Registry Number of each ingredient, and (2) an explanation of each ingredient's purpose. A product that is not in conformity with the labeling and website listing requirements shall be treated as a misbranded hazardous substance under the Federal Hazardous Substances Act. A person may petition the Consumer Product Safety Commission to investigate claims that a product does not satisfy these requirements. | {"src": "billsum_train", "title": "Cleaning Product Right to Know Act of 2016"} | 1,609 | 176 | 0.6646 | 1.952102 | 0.827989 | 3.220126 | 9.144654 | 0.918239 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Reportable Conditions
Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to provide for the health of
Americans by implementing a system that detects and identifies in a
timely manner diseases, conditions, and events that represent a threat
to humans, animals, food production and the water supply.
SEC. 3. AMENDMENT TO THE HOMELAND SECURITY ACT.
Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.)
is amended by adding at the end the following:
``SEC. 511. NATIONAL REPORTABLE CONDITIONS PROGRAM.
``(a) Definitions.--In this section:
``(1) Commission.--The term `Commission' means the
Commission on National Reportable Conditions established under
subsection (d).
``(2) Data repository.--The term `data repository' means
the secure repository of reports processed through the System
and controlled by the Department.
``(3) Department.--The term `Department' means the
Department of Homeland Security.
``(4) List of national reportable conditions.--The terms
`list of national reportable conditions' and `list' mean the
list of national reportable conditions established in
accordance with this section.
``(5) National reportable conditions.--The terms `national
reportable conditions', `condition', and `conditions' mean the
diseases, conditions, and events that when identified by health
practitioners, veterinarians, animal and food production
specialists, State and local health professionals,
environmental and public utility workers, and laboratorians
must be reported to the Department of Homeland Security as
required under this section.
``(6) National reportable conditions system.--The terms
`National Reportable Conditions System' and `System' mean the
electronic system providing for the standardized collection,
analysis, and transmission of national reportable conditions
among the appropriate public health organizations, as required
by the Secretary under this section.
``(7) Report.--The term `report' means a set of data
elements related to the identification of a detected condition.
The content of such data elements shall be defined by the
Secretary upon the advice of the Commission. Such data elements
may include demographic data of the individual or entity
reporting the condition, condition identification, the contact
information of the reporting individual, and method of
detection (such as laboratory test, subjective findings, or
clinical observation).
``(8) Reporting entity.--The term `reporting entity'
means--
``(A) a State or local entity with responsibility
for public health, such as health practitioners,
veterinarians, animal and food production specialists,
State and local health professionals, environmental and
public service professionals, and laboratorians; or
``(B) a commercial entity engaged in interstate
commerce for the purpose of testing or analyzing
materials in order to detect conditions pursuant to
this section.
``(b) Federal Activities.--Based upon the recommendations of the
Commission, the Secretary shall carry out the following activities:
``(1) Certification of national reportable conditions.--Not
later than 180 days after the date of the enactment of this
section, and annually thereafter, the Secretary, in
consultation with the Secretary of Health and Human Services,
the Administrator of the Environmental Protection Agency, and
the Secretary of Agriculture, shall certify a list of national
reportable conditions.
``(2) Establishment of national reportable conditions
system.--Not later than 1 year after the date of enactment of
this section, the Secretary shall establish an electronic
National Reportable Conditions System for the collection,
analysis, and transmission of reports between reporting
entities and the Department, and any such other persons or
entities as determined appropriate by the Secretary. The System
shall use the most appropriate technical approach to achieve
the purpose of this section.
``(3) Establishment of data repository.--Not later than 1
year after the date of the enactment of this section, the
Secretary shall establish a data repository of records
processed by the System for use by Federal, State, and local
public health personnel, law enforcement agencies, and other
Federal agencies. The Secretary shall provide a mechanism for
State and local entities to obtain access to the repository for
designated individuals who have been identified as needing such
access.
``(4) Establishment of reporting process for commercial
entities.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall establish a
process to enable commercial entities, including private not-
for-profit and for-profit laboratories, to transmit reports to
a single government entity (the System) which can then make
such reports available to appropriate State or local entities.
It shall be the purpose of the process established under this
paragraph to eliminate the burden placed on such commercial
entities by requiring such entities to report identical
information to multiple State or local entities. Under such
process, reports may be transmitted through the System to State
and local entities in a manner that allows such reports to be
available at or about the same time as the data enters the
System..
``(5) Establishment of process and research program.--The
Secretary shall establish a process for the identification of
obstacles or challenges to the achievement of the purposes of
this section. The Secretary shall establish a research program
to identify or create solutions to such obstacles and
challenges.
``(6) Grants.--
``(A) In general.--The Secretary shall award grants
to State and local entities to enable such entities to
conduct surveillance and timely reporting activities
with respect to the submission of reports under this
section.
``(B) Eligibility.--To be eligible to receive a
grant under subparagraph (A), a State or local entity
shall prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require, including a description of the manner in which
grant funds shall be used to enhance the timeliness and
comprehensiveness of the State or local entity's
efforts to submit reports with respect to national
reportable conditions.
``(c) Commission on National Reportable Conditions.--
``(1) Establishment.--There shall be established a
commission to be known as the Commission on National Reportable
Conditions.
``(2) Membership.--
``(A) Composition.--The Commission shall be
composed of--
``(i) the Secretary or his or her designee;
``(ii) the Secretary of Health and Human
Services or his or her designee;
``(iii) the Secretary of the Environmental
Protection Agency or his or her designee;
``(iv) the Secretary of Agriculture or his
or her designee; and
``(v) 7 members to be appointed by the
Secretary in accordance with subparagraph (B).
``(B) Expertise.--In appointing members of the
Commission under subparagraph (A), the Secretary shall
ensure that the Commission consists of individuals with
expertise and experience in State and local health,
water, environment, and agriculture, of which--
``(i) 1 member shall be a veterinarian,
duly licensed to practice in the United States;
``(ii) 1 member shall be an epidemiologist,
duly employed by a State, county, or other
local entity;
``(iii) 1 member shall be a food scientist,
duly employed in a private sector food testing
laboratory or a State public health laboratory;
``(iv) 1 member shall be a State health
official reporting to the governor of a State
or a county health official reporting to a
county board or its equivalent;
``(v) 1 member shall be the director of
clinical laboratory at an academic medical
center;
``(vi) 1 member shall be the director of a
private sector laboratory engaged in interstate
commerce;
``(vii) 1 member shall be an environmental
toxicologist for a State agency;
``(viii) 1 member shall be an environmental
scientist at a public water utility;
``(3) Functions.--
``(A) Recommended list of reportable conditions.--
``(i) Review.--In order to assist the
Secretary in carrying out subsection (b)(1),
the Commission shall review State and local
regulations to determine the existence of
conditions that the Commission determines
represent a serious threat to the health of
individuals in the United States.
``(ii) Recommendation.--Based on the review
conducted under clause (i), the Commission
shall compile a list of national reportable
conditions that shall be recommended to the
Secretary for certification under subsection
(b)(1). The Commission shall review the list at
least annually and shall revise such list as
determined appropriate by the Secretary.
``(B) National reportable conditions system.--In
order to assist the Secretary in carrying out
subsection (b)(2), the Commission shall advise the
Secretary on appropriate processes and standards for
the establishment of the National Reportable Conditions
System. Such process and standards shall include the
appropriate demographics, clinical and technical
content, identification requirements, definition of
terminology, and processes for the uniform electronic
transmission of reports to the System, as well as
minimum time standards in which such reports shall be
transmitted to the Department by the reporting entity
for entry into the System.
``(C) Data repository.--
``(i) In general.--In order to assist the
Secretary in carrying out subsection (b)(3),
the Commission shall advise the Secretary on
the most appropriate means to establish and
maintain a data repository and ensure that the
data repository is accessible by Federal,
State, and local public health personnel, law
enforcement, and other Federal agencies. Such
advise shall include a process to protect the
privacy and accuracy of data at a level
consistent with commercial practice.
``(ii) Limitation.--In ensuring the
accessibility of the data repository under
clause (i), the Commission shall recommend
appropriate limits to ensure the use of such
repository only by those individuals determined
by the Secretary to have a need to know and
only to use date in the repository in the
protection of the United States.
``(D) Reporting process.--In order to assist the
Secretary in carrying out subsection (b)(4), the
Commission shall advise the Secretary concerning the
establishment of a process for the certification of
reporting entities described in subsection (a)(8)(B) to
ensure that such entities are able to comply with the
reporting requirements of State or local entities. Such
process shall--
``(i) ensure that State and local entities
have appropriate access to, and are
appropriately notified of, reports transmitted
to the System in a manner that allows the
reports to be made available at or about the
same time as the data enters the System;
``(ii) ensure that reporting entities
described in subsection (a)(8)(B) will not be
required to report identical information to
multiple State or local entities in which the
reporting entities operate or from which the
test specimen, organism, condition, or event
originated.
``(d) Limitations.--
``(1) State and local requirements.--Except as provided in
this Act, the National Reportable Conditions System shall not
be construed to supercede or modify any State, territory, or
local law that is intended to define or require the reporting
of a condition or disease within the State, territory, or
locality.
``(2) Process of simultaneous reporting.--The Secretary
shall establish a process for the submission of reports to the
National Reportable Conditions System that permits the
simultaneous submission of such reports to a State or local
jurisdiction to achieve compliance with a State or local law.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''. | National Reportable Conditions Act - Amends the Homeland Security Act of 2002 to establish the Commission on National Reportable Conditions to review state and local regulations to determine the existence of conditions that represent a serious threat to the health of individuals in the United States, compile a list of national reportable conditions to be recommended for certifications, and advise the Secretary.
Directs the Secretary of Homeland Security, based upon the Commission's recommendations, to: (1) annually certify a list of national reportable conditions (i.e., diseases, conditions, and events that when identified by health practitioners, veterinarians, animal and food production specialists, state and local health professionals, environmental and public utility workers, and laboratory workers must be reported to the Department of Homeland Security (DHS)); (2) establish an electronic National Reportable Conditions System, a data repository of records processed by the System, a process to enable commercial entities to transmit reports to a single government entity, and a process for the identification of obstacles or challenges to the achievement of the purposes of this Act (including a research program to identify or create solutions); and (3) award grants to state and local entities to enable them to conduct surveillance and timely reporting activities regarding the submission of reports.
Requires the Secretary to establish a process that permits the simultaneous submission of reports to a state or local jurisdiction to achieve compliance with a state or local law. | {"src": "billsum_train", "title": "A bill to amend the Homeland Security Act to provide for the health of Americans by implementing a system that detects and identifies in a timely manner diseases, conditions, and events that represent a threat to humans, animals, food production and the water supply."} | 2,549 | 295 | 0.677636 | 2.169383 | 0.776398 | 5.00369 | 9.02583 | 0.95941 |
SECTION 1. OPERATION OF THE NATIONAL CONSTITUTION CENTER.
Section 4 of the Constitution Heritage Act of 1988 (16 U.S.C.
407cc) is amended by adding at the end the following:
``(c) Operation of the Center.--
``(1) In general.--A cooperative agreement entered into
under subsection (b) shall--
``(A) authorize the Center to--
``(i) operate the Center;
``(ii) provide to visitors to the Center,
and to any other areas of Independence National
Historical Park that the Secretary and the
Center determine to be appropriate, any
activities and services relating to and
consistent with any functions of the Center
under section 3(b);
``(iii) carry out activities that are
appropriate for the operation of the Center,
including charging fees, conducting events, and
selling and marketing merchandise, tickets for
activities of the Center, and food to visitors
to the Center; and
``(iv) negotiate and enter into any
agreements, leases, contracts, or other
arrangements with any person, firm,
association, organization, corporation, or
governmental entity (including the Federal
Government and any State and local governments)
appropriate for carrying out activities at the
Center (including an agreement, contract, or
other arrangement for janitorial service,
building maintenance, food service, information
technology maintenance, or the operation of a
museum store);
``(B) provide that any revenues from facilities and
services of the Center shall be made available to the
Center, without further appropriation, to offset the
expenses of operating the Center;
``(C) authorize the Center to occupy the site and
any structures provided under subsection (a)--
``(i) for a term specified in the
cooperative agreement not to exceed 30 years;
and
``(ii) in accordance with any terms and
conditions of the cooperative agreement;
``(D)(i) provide that the Center shall maintain,
during the term of the cooperative agreement and at the
expense of the Center, insurance on the Center covering
such risks, in such amounts, and including such terms
and conditions as the Secretary determines to be
appropriate; and
``(ii) provide that any repairs or reconstruction
carried out using payments made to the Center under an
insurance policy maintained under clause (i) shall be
subject to the approval of the Secretary;
``(E) provide that the Center shall maintain the
status as an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that is
exempt from taxation under section 501(a) of the Code;
``(F) provide that the Center shall make available
to the Secretary and the Comptroller General of the
United States all books, documents, papers, and records
of the Center that are necessary for an audit;
``(G) provide that, on request of the Secretary or
Congress, the Center shall submit to the Secretary or
Congress an annual report that--
``(i) describes the activities of the
Center during the preceding fiscal year;
``(ii) compares the goals and objectives of
the Center to the actual accomplishments of the
Center during the preceding fiscal year; and
``(iii) includes a plan for the Center for
the subsequent fiscal year; and
``(H) include any other terms and conditions that
the Secretary determines to be appropriate.
``(2) Termination of agreement.--The Secretary may
terminate the cooperative agreement entered into under
paragraph (1) if the Secretary determines that termination is
in the best interest of the public.
``(3) Effect on existing agreement.--The agreement between
the National Park Service and the National Constitution Center
numbered CA-4450-99-9018 shall remain in effect until the date
on which--
``(A) the agreement is terminated in accordance
with the terms of the agreement; or
``(B) a cooperative agreement is entered into under
paragraph (1).
``(4) Administration of independence national historical
park.--Nothing in this subsection affects the authority of the
Secretary to enter into a contract or other agreement with any
organization or entity that provides for the administration of
Independence National Historical Park so long as the agreement
does not conflict with the cooperative agreement entered into
under paragraph (1).
``(5) Exemption from applicable law.--An agreement, lease,
contract, or other arrangement entered into under paragraph (1)
shall not be subject to section 3(k) of Public Law 91-383 (16
U.S.C. 1a-2(k)), section 321 of the Act of June 30, 1939 (40
U.S.C. 303(b)), or section 403 of the National Parks Omnibus
Management Act of 1998 (16 U.S.C. 5952).''. | Amends the Constitution Heritage Act of 1988 to set forth requirements for cooperative agreements between the Secretary of the Interior and the National Constitution Center for the operation of the Center, including a requirement that revenues from the operation of the Center be made available to the Center (without further appropriation) to offset its operating expenses, and requirements that the Center: (1) maintain appropriate risk insurance; (2) maintain its tax-exempt status; and (3) report annually to the Secretary or Congress on its activities, goals and plans. Authorizes the Secretary to terminate a cooperative agreement in the public interest.
Exempts agreements, leases, contracts or other arrangements entered into under this Act from certain requirements for leases of buildings by the Federal Government and for the award of concession contracts in units of the National Park System. | {"src": "billsum_train", "title": "A bill to amend the Constitution Heritage Act of 1988 to provide for the operation of the National Constitution Center."} | 1,015 | 164 | 0.619438 | 1.932485 | 0.777767 | 2.375796 | 6.33758 | 0.847134 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``External Regulation of the
Department of Energy Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Department of Energy has studied external
regulation for nine years.
(2) The Department has already conducted a successful pilot
program that demonstrated the utility of moving to external
regulation of the nonmilitary energy laboratory complex.
(3) Managers of the nonmilitary energy laboratories, the
General Accounting Office, the Nuclear Regulatory Commission,
and the Occupational Safety and Health Administration all agree
that external regulation is both workable and desirable.
(4) The safety of the Department of Energy's nonmilitary
energy laboratories, both for the workers in the laboratories
and the people that live near them, is of paramount importance.
(5) Putting the Department of Energy out of the self-
regulation business would free up more resources in the
nonmilitary energy laboratories to conduct the critical
scientific missions for which those laboratories have been
established.
(6) It is time to terminate the Department of Energy's
self-regulation of nuclear and worker safety in the nonmilitary
energy laboratory complex and move to external regulation by
the experts in these issues, the Nuclear Regulatory Commission
and the Occupational Safety and Health Administration.
SEC. 3. ELIMINATION OF DEPARTMENT OF ENERGY AUTHORITY.
Effective October 1, 2003, the Department of Energy shall have no
regulatory or enforcement authority with respect to nuclear safety and
occupational safety and health responsibilities assumed by the Nuclear
Regulatory Commission under section 4 or by the Occupational Safety and
Health Administration under section 5 at any nonmilitary energy
laboratory owned or operated by the Department.
SEC. 4. NUCLEAR REGULATORY COMMISSION AUTHORITY.
(a) Nuclear Safety Regulatory and Enforcement Responsibilities.--
Effective October 1, 2003, the Nuclear Regulatory Commission shall
assume the nuclear safety regulatory and enforcement responsibilities
of the Department of Energy under the Atomic Energy Act of 1954 with
regard to nonmilitary energy laboratories owned or operated by the
Department.
(b) Licensed Entities.--For the purposes of carrying out at
nonmilitary energy laboratories owned or operated by the Department of
Energy regulatory and enforcement responsibilities described in
subsection (a), the Nuclear Regulatory Commission may regulate, through
licensing, certification, or other appropriate means, the Department,
the Department's contractors, or both.
(c) Decommissioning.--A contractor operating a nonmilitary energy
laboratory owned by the Department of Energy shall not be responsible
for the costs of decommissioning that facility. No enforcement action
may be taken against such contractor for any violation of Nuclear
Regulatory Commission decommissioning requirements, if such violation
is the result of a failure of the Department to authorize or fund
decommissioning activities. The Nuclear Regulatory Commission and the
Department shall, not later than January 1, 2004, enter into a
memorandum of understanding establishing decommissioning procedures and
requirements for nonmilitary energy laboratories owned or operated by
the Department.
(d) Administration.--The responsibilities assumed by the Nuclear
Regulatory Commission under this section shall be administered by the
Nuclear Regulatory Commission, not by States.
(e) Judicial Review.--Section 189 b. of the Atomic Energy Act of
1954 (42 U.S.C. 2239(b)) is amended by adding the following paragraph
after paragraph (4):
``(5) Any final order or regulation of the Commission
establishing standards to govern nonmilitary energy
laboratories owned or operated by the Department of Energy that
are issued to implement the Commission's responsibilities under
the External Regulation of the Department of Energy Act, and
any final determination of the Commission relating to whether a
nonmilitary energy laboratory owned or operated by the
Department is in compliance with such standards and all
applicable Commission regulations or orders.''.
(f) Employee Protection.--Any Department of Energy contractor
operating a nonmilitary energy laboratory that is regulated by the
Nuclear Regulatory Commission under this section shall be subject to
section 211 of the Energy Reorganization Act of 1974 (41 U.S.C. 5851)
to the same extent as any other employer subject to such section 211.
(g) Conflict of Interest.--Section 170A of the Atomic Energy Act of
1954 (42 U.S.C. 2210a) applies to contracts, agreements, or other
arrangements of the Nuclear Regulatory Commission proposed or entered
into pursuant to its responsibilities assumed under this section.
SEC. 5. OCCUPATIONAL SAFETY AND HEALTH.
(a) OSHA Jurisdiction.--Notwithstanding section 4(b)(1) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)) and
any other provision of law, effective October 1, 2003, the Occupational
Safety and Health Administration shall assume the regulatory and
enforcement responsibilities of the Department of Energy relating to
matters covered by the Occupational Safety and Health Act of 1970 with
regard to all nonmilitary energy laboratories owned or operated by the
Department, except as provided in subsection (b). Any Department
contractor operating such a laboratory shall, with respect to matters
relating to occupational safety and health, be considered to be an
employer for purposes of the Occupational Safety and Health Act of
1970.
(b) Regulation of Hazards Containing Radiological and Non-
Radiological Component.--If a hazard at a nonmilitary energy laboratory
owned or operated by the Department presents a risk of occupational
exposure and contains both a radiological and non-radiological
component, the Occupational Safety and Health Administration and the
Nuclear Regulatory Commission shall, effective October 1, 2003, share
regulatory and enforcement responsibilities with respect to the hazard
in accordance with the memorandum of understanding entered into
pursuant to section 6.
SEC. 6. MEMORANDUM OF UNDERSTANDING.
The Nuclear Regulatory Commission and the Occupational Safety and
Health Administration shall, before January 1, 2003, enter into and
transmit to the Congress a memorandum of understanding to govern the
exercise of their respective authorities over nuclear safety and
occupational safety and health at nonmilitary energy laboratories owned
or operated by the Department of Energy.
SEC. 7. CIVIL PENALTIES.
The Department of Energy's contractor operating a nonmilitary
energy laboratory owned or operated by the Department shall not be
liable for civil penalties under the Atomic Energy Act of 1954 or the
Occupational Safety and Health Act of 1970 for any actions taken before
October 1, 2003, pursuant to the instructions of a Federal agency in
preparation for the transfer of regulatory and enforcement
responsibilities required by this Act.
SEC. 8. INDEMNIFICATION.
The Secretary of Energy shall continue to indemnify nonmilitary
energy laboratories owned or operated by the Department in accordance
with the provisions of section 170 d. of the Atomic Energy Act of 1954.
SEC. 9. DEPARTMENT OF ENERGY REPORTING REQUIREMENT.
By April 1, 2003, the Secretary of Energy shall transmit to the
Committee on Energy and Commerce, the Committee on Science, and the
Committee on Appropriations of the House of Representatives, and the
Committee on Energy and Natural Resources and the Committee on
Appropriations of the Senate, a plan for the termination of the
Department's regulatory and enforcement responsibilities for
nonmilitary energy laboratories owned or operated by the Department
required by this Act. The report shall include--
(1) a detailed transition plan, drafted in coordination
with the Nuclear Regulatory Commission and the Occupational
Safety and Health Administration, giving the schedule for
termination of self-regulation authority as outlined in section
3, including the activities to be coordinated with the Nuclear
Regulatory Commission and the Occupational Safety and Health
Administration;
(2) a description of any issues remaining to be resolved
with the Nuclear Regulatory Commission, the Occupational Safety
and Health Administration, or other external regulators, and a
timetable for resolving such issues before October 1, 2003; and
(3) an estimate of--
(A) the annual cost of administering and
implementing self-regulation of the nuclear safety and
occupational safety and health responsibilities
described in sections 4 and 5 at nonmilitary energy
laboratories owned or operated by the Department;
(B) the number of Federal and contractor employees
administering and implementing such self-regulation;
and
(C) the extent and schedule by which the Department
and the staffs at its nonmilitary energy laboratories
will be reduced as a result of implementation of this
Act. | External Regulation of the Department of Energy Act - Eliminates Department of Energy (DOE) regulatory or enforcement authority at any nonmilitary DOE energy laboratory in connection with responsibilities for nuclear safety and for occupational safety and health that are granted under this Act to the Nuclear Regulatory Commission (NRC) and the Occupational Safety and Health Administration (OSHA).Authorizes the NRC to regulate through licensing and certification both the DOE and DOE contractors.Holds a contractor operating a DOE nonmilitary energy laboratory harmless from facility decommissioning costs or from any violation of NRC decommissioning requirements if such violation results from DOE failure to authorize or fund decommissioning activities.States OSHA and the NRC both share regulatory and enforcement responsibilities regarding a hazard at a nonmilitary DOE energy laboratory that presents a risk of occupational exposure and contains both a radiological and non-radiological component. | {"src": "billsum_train", "title": "To provide for the external regulation of nuclear safety and occupational safety and health at nonmilitary energy laboratories owned or operated by the Department of Energy."} | 1,848 | 204 | 0.630266 | 1.759706 | 0.847638 | 3.092715 | 10.89404 | 0.854305 |
SECTION 1. ENTITLEMENT AND DETERMINATION OF BENEFITS FOR AFFECTED
PARTICIPANTS.
(a) Entitlement of Affected Participants.--Any affected participant
described in subsection (b) is entitled to a one-time lump sum payment
to be determined by the Secretary of Energy (hereinafter referred to as
the ``Secretary'') under subsection (c).
(b) Affected Participant.--For the purposes of this Act, an
affected participant is a person described under section 3110(a)(6)(B)
of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(6)(B)).
(c) Determination of Payment for Affected Participants.--The
Secretary shall pay an affected participant, pursuant to an application
timely filed by such participant, a one-time lump sum payment equal to
an amount which bears the same ratio to $48,700,000 as the actuarial
present value of the accrued benefits of the affected participant under
the pension plan from which a transfer of plan assets and liabilities
required under section 3110(a)(2) of the USEC Privatization Act was
made (as of immediately before the transfer) bears to the actuarial
present value of the accrued benefits of all affected participants
under the pension plan from which the transfer under such section was
made (as of immediately before the transfer).
(d) Determination of Findings of Fact.--The Secretary is directed
to make findings of facts and decisions as to the rights of any
affected participant applying for a payment under this Act.
(e) Rulemaking.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall issue regulations to carry
out this Act.
(f) Public Notice.--To the extent practicable, the Secretary shall
provide notice to individuals who may be eligible to receive a payment
under this Act.
(g) Application for Payment.--To be eligible for a payment under
this Act, an affected participant shall prepare and submit to the
Secretary an application--
(1) not later than 240 days after the date of the enactment
of this Act;
(2) in such manner; and
(3) containing such information as the Secretary requires.
(h) Timely Payments.--To the extent practicable, the Secretary
shall determine and make a payment to an affected participant not later
than 180 days after such participant's submission of an application for
payment under subsection (g).
(i) Election to Treat Payment as Rollover Contribution to IRA.--
(1) In general.--Any affected participant who receives a
payment under this section may, at any time during the 1-year
period beginning on the day after the date on which such
payment was received, make one or more contributions in an
aggregate amount not to exceed the amount of such payment to an
individual retirement plan (as defined by section 7701(a)(37)
of the Internal Revenue Code of 1986).
(2) Treatment of contributions to iras.--For purposes of
the Internal Revenue Code of 1986, if a contribution is made an
individual retirement plan pursuant to paragraph (1), then--
(A) except as provided in paragraph (3), such
contribution shall not be included in gross income, and
(B) to the extent of the amount of such
contribution, such contribution shall be treated--
(i) as a distribution described in section
408(d)(3) of such Code, and
(ii) as having been transferred to the
individual retirement account in a direct
trustee to trustee transfer within 60 days of
the distribution.
(3) Special rule for roth iras.--If a contribution is made
under paragraph (1) to a Roth IRA, such contribution shall be
includible in gross income and, unless the taxpayer elects not
to have this clause apply, such contribution shall be so
included ratably over the 2-taxable-year period beginning with
the first taxable year in which such contribution is made.
(j) Administrative Expenses.--There is authorized to be
appropriated to the Secretary $1,300,000 to carry out this Act.
SEC. 2. HEARING AND JUDICIAL REVIEW.
(a) Hearing.--
(1) In general.--Upon request by any affected participant
applying for a payment under this Act, who makes a showing in
writing that such participant's rights may have been prejudiced
by any decision the Secretary has rendered, the Secretary shall
give such participant reasonable notice and opportunity for a
hearing with respect to such decision, and, if a hearing is
held, shall, on the basis of evidence adduced at the hearing,
affirm, modify, or reverse the Secretary's findings of fact and
such decision.
(2) Request for hearing.--Any request for a hearing under
this subsection must be filed within 60 days after notice of a
decision by the Secretary is received by the affected
participant making such a request.
(3) Secretary.--The Secretary is further authorized, on the
Secretary's own motion, to hold such hearings and to conduct
such investigations and other proceedings as the Secretary may
deem necessary or proper for the administration of this Act.
(b) Judicial Review.--
(1) In general.--Any affected participant, after any final
decision of the Secretary made after a hearing to which such
participant was a party, irrespective of the amount in
controversy, may obtain a review of such decision by a civil
action commenced within 60 days after the mailing to such
participant of notice of such decision or within such further
time as the Secretary may allow.
(2) Jurisdiction and venue.--An action under this section
shall be brought in the district court of the United States for
the judicial district in which the affected participant
plaintiff resides, or where such plaintiff has a principal
place of business, or, if such plaintiff does not reside or
have a principal place of business within any such judicial
district, in the United States District Court for the District
of Columbia.
(3) Judicial determination.--The court shall have power to
enter, upon the pleadings and transcript of the record, a
judgment affirming, modifying, or reversing the decision of the
Secretary, with or without remanding the cause for a rehearing.
(4) Final judgment.--The judgment of the court shall be
final, except that it shall be subject to review in the same
manner as a judgment in other civil actions.
(5) Change in secretary.--Any action instituted in
accordance with this section shall survive notwithstanding any
change in the person occupying the office of Secretary or any
vacancy in such office.
SEC. 3. CERTIFICATION FOR PAYMENT.
(a) In General.--Upon final decision of the Secretary, or upon
final judgment of any court of competent jurisdiction, that any
affected participant is entitled to any payment under this Act, the
Secretary shall certify to the Secretary of the Treasury the name and
address of the person entitled to receive such payment, the amount of
such payment, and the time at which such payment should be made, and
the Secretary of the Treasury shall make payment in accordance with the
certification of the Secretary.
(b) Payment While Decision Is Under Review.--Where a review of the
Secretary's decision is or may be sought under section 2, the Secretary
may withhold certification of payment pending such review. | Entitles to a one-time lump sum payment any persons (affected participants) who: (1) retired from active employment at one of the gaseous diffusion plants of the U.S. Enrichment Corporation (USEC) on or before USEC's privatization date as vested participants in a pension plan maintained either by USEC's operating contractor or by a contractor employed before July 1, 1993, by the Department of Energy to operate a gaseous diffusion plant; or (2) are employed by USEC's operating contractor on or before the privatization date, and are vested participants in such a pension plan.
Prescribes a formula for determination of the payment.
Allows any affected participant to treat such payment as a rollover contribution to a regular individual retirement account (IRA) or a Roth IRA.
Prescribes hearing and judicial review rights for any affected participant who may have been prejudiced by any decision with regard to such a payment. | {"src": "billsum_train", "title": "To entitle affected participants under a pension plan referred to in the USEC Privatization Act to payment for benefit increases not received."} | 1,611 | 211 | 0.571712 | 1.819457 | 0.649134 | 1.735632 | 8.247126 | 0.781609 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Regulated Investment
Company Act of 2017''.
SEC. 2. INTERNATIONAL REGULATED INVESTMENT COMPANIES.
(a) In General.--Subchapter N of chapter 1 of the Internal Revenue
Code of 1986 is amended by redesignating part V as part VI and
inserting after part IV the following new part:
``PART V--INTERNATIONAL REGULATED INVESTMENT COMPANIES
``Sec. 998. Definition of international regulated investment company.
``Sec. 998A. Taxation of IRICs.
``Sec. 998B. Other rules.
``SEC. 998. DEFINITION OF INTERNATIONAL REGULATED INVESTMENT COMPANY.
``(a) General Rule.--For purposes of this title, the terms
`international regulated investment company' and `IRIC' mean, with
respect to any taxable year, a domestic corporation which, at all times
during the taxable year, meets the following requirements:
``(1) The corporation is registered under the Investment
Company Act of 1940.
``(2) Except as provided in subsection (c), the corporation
holds no assets other than the stock of a single regulated
investment company--
``(A) to which part I of subchapter M applies, and
``(B) which is not a qualified investment entity
(as defined in section 897(h)(4)(A)(ii)).
``(3) All outstanding stock of the corporation is held by
nonresident alien individuals (and their foreign estates) and
qualified foreign pension funds (within the meaning of section
897(l)(2)).
``(4) The corporation has in effect an election to be
treated as an IRIC.
``(b) Election.--An election to be treated as an IRIC shall apply
to the taxable year for which made and all subsequent taxable years
until terminated. Such election shall be made for any taxable year not
later than the due date (with extensions) for the return of tax imposed
by this subtitle for the taxable year.
``(c) Permitted Assets.--For purposes of subsection (a)(2), an IRIC
may hold--
``(1) an amount of cash and cash equivalents reasonably
necessary or appropriate for the corporation to conduct its
normal affairs, and
``(2) such other assets as are incidental to the
corporation's conduct of its normal affairs or otherwise
allowed by the Secretary.
``(d) Termination.--
``(1) In general.--Except as provided in paragraph (2), if
a corporation fails to meet the requirements of subsection (a)
at any time during the taxable year, the corporation shall not
be treated as an IRIC for such taxable year.
``(2) Inadvertent failure.--
``(A) In general.--A corporation which fails to
meet the requirements of subsection (a) for any taxable
year shall nevertheless be considered to have satisfied
the requirements of such subsection for such taxable
year if--
``(i) the failure was due to reasonable
cause and not due to willful neglect,
``(ii) no later than 30 days after the
discovery of the event causing such failure,
the corporation meets the requirements of
subsection (a),
``(iii) in the case of a failure to meet
the requirements of subsection (a)(3) for any
period, the failure was caused by persons not
described therein holding, in the aggregate,
less than 1 percent of the stock (by value) of
the corporation, and
``(iv) the corporation pays the additional
tax imposed by reason of subparagraph (B).
``(B) Imposition of additional tax on certain
failures.--In the case of a failure described in
subparagraph (A)(iii) for any taxable year, the tax
imposed by section 998A(a) on the IRIC shall be equal
to the sum of--
``(i) the tax determined under such section
(without regard to this subparagraph) on
amounts received by the IRIC for the taxable
year other than amounts so received which are
attributable to stock held by persons not
described in subsection (a)(3) for the period
so held, plus
``(ii) 100 percent of the amounts received
which are so attributable.
The Secretary shall prescribe rules for the proper
allocation of deductions to amounts described in this
subparagraph.
``SEC. 998A. TAXATION OF IRICS.
``(a) In General.--In the case of an IRIC, there shall be imposed,
in lieu of the tax imposed by section 11, a tax equal to 30 percent of
the excess of--
``(1) the amounts received by the IRIC which (before the
application of any treaty) would be subject to tax under
section 871(a) if received by a nonresident alien individual,
over
``(2) the deductions properly allocable to such amounts
(other than deductions allowed under sections 163, 172, 243,
and such other provisions as the Secretary may prescribe in
regulations to prevent abuse).
``(b) Treaties.--
``(1) In general.--In the case of a treaty IRIC, subsection
(a) shall be applied by substituting `15 percent' for `30
percent'.
``(2) Treaty iric.--For purposes of paragraph (1), the term
`treaty IRIC' means an IRIC--
``(A) all the outstanding stock of which is held by
persons resident in a country that has in effect with
the United States an income tax treaty pursuant to
which such persons would, by reason of section 894(a),
be subject to tax under section 871(a) on dividends at
a rate not greater than 15 percent, and
``(B) which elects to be a treaty IRIC.
Rules similar to the rules of section 998(b) shall apply to an
election under subparagraph (B).
``SEC. 998B. OTHER RULES.
``(a) Coordination With Subchapter M.--Except as provided in
subsection (e), an IRIC shall not be treated as a regulated investment
company for purposes of this title.
``(b) No Carryovers.--
``(1) Carryovers to iric years.--No carryforward, and no
carryback, arising for a taxable year for which the corporation
is not an IRIC may be carried to a taxable year for which such
corporation is an IRIC.
``(2) Carryovers from iric years.--No carryforward, and no
carryback, shall arise for a taxable year for which a
corporation is an IRIC.
``(c) Certain Taxes Not To Apply.--Sections 55, 531, and 541 shall
not apply to an IRIC.
``(d) Credits Not Allowed.--No credits under this chapter shall be
allowed to an IRIC.
``(e) Redemptions.--In applying section 302(b)(5), an IRIC shall be
treated as a publicly offered regulated investment company.
``(f) Reliance on Certification.--
``(1) Reliance.--With respect to the requirement in
sections 998(a)(3) and 998A(b)(2)(A), a corporation may rely on
the certification of its shareholders, unless or until such
time that the corporation has reason to know that the
certification is false or is no longer true.
``(2) Redemption upon false certification.--If a
corporation has reason to know that the certification made by
one of its shareholders is false or is no longer true, the
corporation must redeem the stock held by such shareholder as
soon as reasonably practicable (and in no case more than 30
days after the corporation obtains such reason to know).
Failure to redeem such stock in a timely manner shall result in
the corporation failing the requirement of section 998(a)(3) or
998A(b)(2)(A), whichever is applicable.
``(3) Certification by certain institutions.--For purposes
of this subsection, a certification with regard to a person
which is made by an institution described in section
871(h)(5)(B) in a form satisfactory to the Secretary under
section 871(h) shall be deemed to be a certification by such
person.''.
(b) Clerical Amendment.--The table of parts for subchapter N of
chapter 1 of the Internal Revenue Code of 1986 is amended by
redesignating the item relating to part V as relating to part VI and
inserting after the item relating to part IV the following new item:
``Part V--International Regulated Investment Companies''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | International Regulated Investment Company Act of 2017 This bill amends the Internal Revenue Code to provide for international regulated investment companies (IRICs) and specify rules for the taxation of IRICs. An IRIC is a regulated investment company (i.e., a mutual fund) that has all of its outstanding stock held by foreign shareholders, including nonresident alien individuals (and their foreign estates) and qualified foreign pension funds, and meets other specified requirements. | {"src": "billsum_train", "title": "International Regulated Investment Company Act of 2017"} | 2,010 | 100 | 0.564123 | 1.404926 | 1.094418 | 3.146341 | 21.158537 | 0.878049 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fraudulent Online Identity Sanctions
Act''.
SEC. 2. AMENDMENT TO TRADEMARK ACT OF 1946.
Section 35 of the Act entitled ``An Act to provide for the
registration and protection of trademarks used in commerce, to carry
out the provisions of certain international conventions, and for other
purposes'', approved July 5, 1946 (commonly referred to as the
``Trademark Act of 1946''; 15 U.S.C. 1117), is amended by adding at the
end the following new subsection:
``(e) In the case of a violation referred to in this section, it
shall be a rebuttable presumption that the violation is willful for
purposes of determining relief if the violator, or a person acting in
concert with the violator, knowingly provided or knowingly caused to be
provided materially false contact information to a domain name
registrar, domain name registry, or other domain name registration
authority in registering, maintaining, or renewing a domain name used
in connection with the violation. Nothing in this subsection limits
what may be considered a willful violation under this section.''.
SEC. 3. AMENDMENT TO TITLE 17, UNITED STATES CODE.
Section 504(c) of title 17, United States Code, is amended by
adding at the end the following new paragraph:
``(3)(A) In a case of infringement, it shall be a
rebuttable presumption that the infringement was committed
willfully for purposes of determining relief if the violator,
or a person acting in concert with the violator, knowingly
provided or knowingly caused to be provided materially false
contact information to a domain name registrar, domain name
registry, or other domain name registration authority in
registering, maintaining, or renewing a domain name used in
connection with the infringement.
``(B) Nothing in this paragraph limits what may be
considered willful infringement under this subsection.
``(C) For purposes of this paragraph, the term `domain
name' has the meaning given that term in section 45 of the Act
entitled `An Act to provide for the registration and protection
of trademarks used in commerce, to carry out the provisions of
certain international conventions, and for other purposes'
approved July 5, 1946 (commonly referred to as the `Trademark
Act of 1946'; 15 U.S.C. 1127).''.
SEC. 4. AMENDMENT TO TITLE 18, UNITED STATES CODE.
(a) Sentencing Enhancement.--Section 3559 of title 18, United
States Code, is amended by adding at the end the following:
``(f)(1) If a defendant being prosecuted for a felony offense
(other than offense of which an element is the false registration of a
domain name) knowingly falsely registers a domain name and knowingly
uses that domain name in the course of that offense, the maximum
imprisonment otherwise provided by law for that offense shall be
doubled or increased by 7 years, whichever is less.
``(2) As used in this section--
``(A) the term `falsely registers' means registers in a
manner that prevents the effective identification of or contact
with the person who registers; and
``(B) the term `domain name' has the meaning given that
term is section 45 of the Act entitled `An Act to provide for
the registration and protection of trademarks used in commerce,
to carry out the provisions of certain international
conventions, and for other purposes' approved July 5, 1946
(commonly referred to as the `Trademark Act of 1946') (15
U.S.C. 1127).''.
(b) United States Sentencing Commission.--
(1) Directive.--Pursuant to its authority under section
994(p) of title 28, United States Code, and in accordance with
this section, the United States Sentencing Commission shall
review and amend the sentencing guidelines and policy
statements to ensure that the applicable guideline range for a
defendant convicted of any felony offense carried out online
that may be facilitated through the use of a domain name
registered with materially false contact information is
sufficiently stringent to deter commission of such acts.
(2) Requirements.--In carrying out this subsection, the
Sentencing Commission shall provide sentencing enhancements for
anyone convicted of any felony offense furthered through
knowingly providing or knowingly causing to be provided
materially false contact information to a domain name
registrar, domain name registry, or other domain name
registration authority in registering, maintaining, or renewing
a domain name used in connection with the violation.
(3) Definition.--For purposes of this subsection, the term
``domain name'' has the meaning given that term in section 45
of the Act entitled ``An Act to provide for the registration
and protection of trademarks used in commerce, to carry out the
provisions of certain international conventions, and for other
purposes'', approved July 5, 1946 (commonly referred to as the
``Trademark Act of 1946''; 15 U.S.C. 1127). | Fraudulent Online Identity Sanctions Act - Amends the Trademark Act of 1946 and Federal copyright law to make it a violation of trademark and copyright law if a person knowingly provided, or caused to be provided, materially false contact information in making, maintaining, or renewing the registration of a domain name used in connection with the violation.
Amends the Federal criminal code to require the maximum imprisonment otherwise provided for a felony offense to be doubled or increased by seven years, whichever is less, if the defendant knowingly falsely registers a domain name and uses that domain name in the course of the felony offense. Directs the U.S. Sentencing Commission to review and amend sentencing guidelines with respect to a conviction for the false registration and use of a domain name during the course of a felony offense. | {"src": "billsum_train", "title": "To provide additional civil and criminal remedies for domain name fraud."} | 1,165 | 189 | 0.545202 | 1.722709 | 0.70701 | 3.155405 | 6.837838 | 0.885135 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Patient Access to
Preventive and Diagnostic Tests Act''.
SEC. 2. CODING AND PAYMENT PROCEDURES FOR NEW CLINICAL DIAGNOSTIC
LABORATORY TESTS UNDER MEDICARE.
(a) Determining Payment Basis For New Lab Tests.--Section 1833(h)
of the Social Security Act (42 U.S.C. 1395l(h)) is amended by adding at
the end the following:
``(9)(A) The Secretary shall establish procedures for
determining the basis for, and amount of, payment under this
subsection for any clinical diagnostic laboratory test with
respect to which a new or substantially revised HCPCS code is
assigned on or after January 1, 2002 (hereinafter in this
paragraph and paragraph (10) referred to as `new tests'). Such
procedures shall provide that--
``(i) the payment amount for such a test will be
established only on--
``(I) the basis described in paragraph
(10)(A); or
``(II) the basis described in paragraph
(10)(B); and
``(ii) the Secretary will determine whether the
payment amount for such a test is established on the
basis described in paragraph (10)(A) or the basis
described in paragraph (10)(B) only after the process
described in subparagraph (B) has been completed with
respect to such test.
``(B) Determinations under subparagraph (A)(ii) shall be
made only after the Secretary--
``(i) makes available to the public (through an
Internet site and other appropriate mechanisms) a list
that includes any such test for which establishment of
a payment amount under paragraph (10) is being
considered for a year;
``(ii) on the same day such list is made available,
causes to have published in the Federal Register notice
of a meeting to receive comments and recommendations
from the public on the appropriate basis under
paragraph (10) for establishing payment amounts for the
tests on such list;
``(iii) not less than 30 days after publication of
such notice, convenes a meeting to receive such
comments and recommendations, with such meeting--
``(I) including representatives of all
entities within the Health Care Financing
Administration (hereinafter in this paragraph
referred to as `HCFA') that will be involved in
determining the basis on which payment amounts will be established for
such tests under paragraph (10) and implementing such determinations;
``(II) encouraging the participation of
interested parties, including beneficiaries,
device manufacturers, clinical laboratories,
laboratory professionals, pathologists, and
prescribing physicians, through outreach
activities; and
``(III) affording opportunities for
interactive dialogue between representatives of
HCFA and the public;
``(iv) makes minutes of such meeting available to
the public (through an Internet site and other
appropriate mechanisms) not later than 15 calendar days
after such meeting;
``(v) taking into account the comments and
recommendations received at such meeting, develops and
makes available to the public (through an Internet site
and other appropriate mechanisms) a list of proposed
determinations with respect to the appropriate basis
for establishing a payment amount under paragraph (10)
for each such code, together with an explanation of the
reasons for each such determination, and the data on
which the determination is based;
``(vi) on the same day such list is made available,
causes to have published in the Federal Register notice
of a public meeting to receive comments and
recommendations from the public on the proposed
determinations;
``(vii) not later than August 1 of each year, but
at least 30 days after publication of such notice,
convenes a meeting to receive such comments and
recommendations, with such meeting being conducted in
the same manner as the meeting under clause (iii);
``(viii) makes a transcript of such meeting
available to the public (through an Internet site and
other appropriate mechanisms) as soon as is practicable
after such meeting; and
``(ix) taking into account the comments and
recommendations received at such meeting, develops and
makes available to the public (through an Internet site
and other appropriate mechanisms) a list of final
determinations of whether the payment amount for such
tests will be determined on the basis described in
paragraph (10)(A) or the basis described in paragraph
(10)(B), together with the rationale for each such
determination, the data on which the determination is
based, and responses to comments and suggestions
received from the public.
``(C) Under the procedures established pursuant to
subparagraph (A), the Secretary shall--
``(i) identify the rules and assumptions to be
applied by the Secretary in considering and making
determinations of whether the payment amount for a new
test should be established on the basis described in
paragraph (10)(A) or the basis described in paragraph
(10)(B);
``(ii) make available to the public the data (other
than proprietary data) considered in making such
determinations; and
``(iii) provide for a mechanism under which--
``(I) an interested party may request an
administrative review of an adverse
determination;
``(II) upon the request of an interested
party, an administrative review is conducted
with respect to an adverse determination; and
``(III) such determination is revised, as
necessary, to reflect the results of such
review.
``(D) For purposes of this paragraph and paragraph
(10)--
``(i) the term `HCPCS' refers to the Health
Care Financing Administration Common Procedure
Coding System; and
``(ii) a code shall be considered to be
`substantially revised' if there is a
substantive change to the definition of the
test or procedure to which the code applies
(such as a new analyte or a new methodology for
measuring an existing analyte-specific test).
``(10)(A) Notwithstanding paragraphs (1), (2), and (4), if
a new test is clinically similar to a test for which a fee
schedule amount has been established under paragraph (5), the
Secretary shall pay the same fee schedule amount for the new
test. In determining whether tests are clinically similar for
purposes of this paragraph, the Secretary may not take into
account economic factors.
``(B)(i) Notwithstanding paragraphs (1), (2), (4), and (5),
if a new test is not clinically similar to a test for which a
fee schedule has been established under paragraph (5), payment
under this subsection for such test shall be made on the basis
of the lesser of--
``(I) the actual charge for the test; or
``(II) an amount equal to 60 percent (or in the
case of a test performed by a qualified hospital (as
defined in paragraph (1)(D)) for outpatients of such
hospital, 62 percent) of the prevailing charge level
determined pursuant to the third and fourth sentences
of section 1842(b)(3) for the test for a locality or
area for the year (determined without regard to the
year referred to in paragraph (2)(A)(i), or any
national limitation amount under paragraph (4)(B), and
adjusted annually by the percentage increase or
decrease under paragraph (2)(A)(i));
until the beginning of the third full calendar year that begins
on or after the date on which an HCPCS code is first assigned
with respect to such test, or, if later, the beginning of the
first calendar year that begins on or after the date on which
the Secretary determines that there are sufficient claims data
to establish a fee schedule amount pursuant to clause (ii).
``(ii) Notwithstanding paragraphs (2) and (4), and (5), the
fee schedule amount for a clinical diagnostic laboratory test
described in clause (i) that is performed--
``(I) during the first calendar year after clause
(i) ceases to apply to such test, shall be an amount
equal to the national limitation amount that the
Secretary determines (consistent with clause (iii))
would have applied to such test under paragraph
(4)(B)(viii) during the preceding calendar year,
adjusted by the percentage increase or decrease
determined under paragraph (2)(A)(i) for such first
calendar year; and
``(II) during a subsequent year, is the fee
schedule amount determined under this clause for the
preceding year, adjusted by the percentage increase or
decrease that applies under paragraph (5)(A) for such
year.
``(iii) For purposes of clause (ii)(I), the national
limitation amount for a test shall be set at 100 percent of the
median of the payment amounts determined under clause (ii)(I)
for all payment localities or areas for the last calendar year
for which payment for such test was determined under clause
(i).
``(iv) Nothing in clause (ii) shall be construed as
prohibiting the Secretary from applying (or authorizing the
application of) the comparability provisions of the first
sentence of such section 1842(b)(3) with respect to amounts
determined under such clause.''.
(b) Establishment of National Fee Schedule Amounts.--
(1) In general.--Section 1833(h) of the Social Security
Act, as amended by subsection (a), is further amended--
(A) in paragraph (2), by striking ``paragraph (4)''
and inserting in lieu thereof ``paragraphs (4), (5),
and (10)'';
(B) in paragraph (4)(B)(viii), by inserting ``and
before January 1, 2002,'' after ``December 31, 1997,'';
(C) by redesignating paragraphs (5), (6), and (7),
as paragraphs (6), (7), and (8), respectively; and
(D) by inserting after paragraph (4) the following:
``(5) Notwithstanding paragraphs (2) and (4), the Secretary
shall set the fee schedule amount for a test (other than a test
to which paragraph (10)(B)) applies) at--
``(A) for tests performed during 2002, an amount
equal to the national limitation amount for that test
for 2001, and adjusted by the percentage increase or
decrease determined under paragraph (2)(A)(i) for such
year; and
``(B) for tests performed during a year after 2002,
the amount determined under this subparagraph for the
preceding year, adjusted by the percentage increase or
decrease determined under paragraph (2)(A)(i) for such
year.''.
(2) Conforming changes.--Section 1833(a) of the Social
Security Act (42 U.S.C. 1395l(a)) is amended--
(A) in paragraph (1)(D)(i), by striking ``the
limitation amount for that test determined under
subsection (h)(4)(B),''; and
(B) in paragraph (2)(D)(i), by striking ``the
limitation amount for that test determined under
subsection (h)(4)(B),''.
(c) Mechanism for Review of Adequacy of Payment Amounts.--Section
1833(h) of the Social Security Act, as amended by subsections (a) and
(b), is further amended by adding at the end the following:
``(11) The Secretary shall establish a mechanism under
which--
``(A) an interested party may request a timely
review of the adequacy of the existing payment amount
under this subsection fee for a particular test; and
``(B) upon the receipt of such a request, a timely
review is carried out.''.
(d) Use of Inherent Reasonableness Authority.--Section 1842(b)(8)
of the Social Security Act (42 U.S.C. 1395u(b)(8)) is amended by adding
at the end the following:
``(E)(i) The Secretary may not delegate the
authority to make determinations with respect to
clinical diagnostic laboratory tests under this
paragraph to a regional office of the Health Care
Financing Administration or to an entity with a
contract under subsection (a).
``(ii) In making determinations with respect to
clinical diagnostic laboratory tests under this
paragraph, the Secretary--
``(I) shall base such determinations on
data from affected payment localities and all
sites of care; and
``(II) may not use a methodology that
assigns undue weight to the prevailing charge
levels for any one type of entity with a
contract under subsection (a).''.
(e) Prohibition.--The Secretary may not assign a code for a new
clinical diagnostic laboratory test that differs from the code
recommended by the American Medical Association Common Procedure
Terminology Editorial Panel and results in lower payment than would be
made if the Secretary accepted such recommendation solely on the basis
that the test is a test that may be performed by a laboratory with a
certificate of waiver under section 353(d)(2) of the Public Health
Service Act (42 U.S.C. 263a(d)(2)).
(f) Effective Dates.--
(1) Establishment of procedures.--The Secretary of Health
and Human Services shall establish the procedures required to
implement paragraphs (9), (10), and (11) of section 1833(h) of
the Social Security Act (42 U.S.C. 1395l(h)), as added by this
section, by not later than October 1, 2001.
(2) Inherent reasonableness; code assignment.--The
amendments made by subsections (d) and (e) shall apply to
determinations made on or after the date of the enactment of
this Act. | Medicare Patient Access to Preventive and Diagnostic Tests Act - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) establish procedures for determining the basis for, and amount of, Medicare payment for any clinical diagnostic laboratory test with respect to which a new or substantially revised Health Care Financing Administration Common Procedure Coding System (HCPCS) code is assigned on or after January 1, 2002; (2) set the national fee schedule amounts for tests performed; (3) establish a mechanism for review of the adequacy of payment amounts for a particular test; and (4) prohibit the Secretary from delegating the authority to make determinations with respect to clinical diagnostic laboratory tests to a regional office of the Health Care Financing Administration or to a certain contracted entity.Prohibits the Secretary from assigning a code for a new clinical diagnostic laboratory test that differs from the code recommended by the American Medical Association Common Procedure Terminology Editorial Panel and results in lower payment than would be made if the Secretary accepted such recommendation solely on the basis that the test is a test that may be performed by a laboratory with a certificate of waiver under the Public Health Service Act. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to establish procedures for determining payment amounts for new clinical diagnostic laboratory tests for which payment is made under the Medicare Program."} | 3,014 | 267 | 0.63497 | 2.013061 | 0.726264 | 5.808696 | 12.256522 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Catastrophic Health Coverage
Promotion Act''.
SEC. 2. DEMONSTRATION PROJECTS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall establish not more
than 6 demonstration projects in accordance with the provisions of this
section to provide--
(1) in conjunction with the program under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.), health
insurance coverage for individuals who--
(A) are not eligible for benefits under Medicare or
Medicaid program and who have exceeded $10,500 in out-
of-pocket health care costs in a year, or an adjusted
amount based on the average out-of-pocket costs of
individuals with catastrophic illnesses in a State for
the year, but in no case less than $8,000 and not more
than $15,000 in out-of-pocket health care costs during
such year; or
(B) were receiving benefits under Medicare or
Medicaid but who have exhausted their eligibility for
such benefits and any additional private health
insurance coverage; and
(2) in conjunction with the program under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.), health insurance
coverage for catastrophic health care expenses, including
prevention benefits, to individuals who do not have health
insurance coverage.
(b) Design of Demonstration Projects.--The Secretary shall ensure
that the demonstration projects carried out under this section are
conducted in a manner that will, to the greatest extent practicable,
allow for comparisons of the information resulting from the evaluations
of such programs under subsection (e).
(c) Number and Requirements for Demonstration Projects.--
(1) Number.--The Secretary shall establish, in accordance
with this subsection--
(A) not less than 2 demonstration projects to
provide health insurance coverage under subsection
(a)(1);
(B) not less than 2 demonstration projects to
provide catastrophic coverage under subsection (a)(2);
and
(C) if funds remain available after complying with
subparagraphs (A) and (B), additional demonstration
projects under subsection (a).
(2) Requirements for projects under subsection (a)(1).--In
designing the demonstration projects under subsection (a)(1),
the Secretary shall--
(A) use State risk pools;
(B) use reinsurance mechanisms for small
businesses;
(C) use public or private arrangements for the
provision of affordable health insurance coverage to
cover catastrophic health care expenses; and
(D) use any combination of such arrangements.
(3) Requirements for projects under subsection (a)(2).--
(A) In general.--In designing the demonstration
projects under subsection (a)(2) the Secretary shall--
(i) use a catastrophic health insurance
product administered by private health plans
that shall--
(I) be sold in both the individual
and small group insurance markets;
(II) offer a deductible of not less
than $5,000 for an individual and
$7,500 for a family, a deductible that
is indexed to the individual's or
family's income level, or an adjusted
deductible amount based on the average
out-of-pocket costs of individuals or
families, but in no case lower than
$2,500 for an individual and $5,000 for
a family;
(III) include preventive health
services based on recommendations made
by the United States Preventive Task
Force, including not less than 1
primary care provider's office visit;
and
(IV) require reasonable co-
insurance as determined by the State
administering the demonstration
project, in consultation with the
Secretary;
(ii) subsidize such catastrophic coverage
to provide an affordable product and may
provide subsidies on sliding scale, to offer a
more affordable product for individuals in the
individual and group market earning below 200
percent of the Federal poverty level; and
(iii) consider subsidizing the cost of such
catastrophic coverage for small businesses that
do not offer employer-sponsored insurance by
using reinsurance mechanisms or other public
and private partnerships.
(B) Eligibility.--An individual or small business
shall be eligible to participate in a demonstration
project under subsection (a)(2) only if--
(i) such individual did not have health
insurance coverage within the 1-year period
immediately prior to applying for coverage
under the demonstration project; or
(ii) such small business did not offer
employer-sponsored health insurance coverage
within such 1-year period.
(d) Duration; Evaluation.--
(1) Duration.--The Secretary shall complete the
demonstration projects established under this section not later
than 6 and \1/2\ years after the date of enactment of this Act.
(2) Evaluation.--During the 18-month period beginning after
the date that is 5 years after the date the demonstration
projects have all been established under this section, the
Secretary shall complete an evaluation of such demonstration
projects established to determine--
(A) the ability of individuals and small businesses
to access health insurance coverage;
(B) the length of time individuals participated in
and maintained such coverage;
(C) with respect to each geographic area of a
demonstration project--
(i) the impact on the amount of charity or
other uncompensated care provided by health
care providers who participated in the
demonstration projects;
(ii) the impact on insurance rates in the
commercial market; and
(iii) the impact on the number of medical
related bankruptcies; and
(D) if additional information is needed and whether
the projects should be continued or modified, as the
Secretary determines appropriate.
(e) Application; Site Selection.--
(1) Application.--A State may submit an application to the
Secretary to participate in any of the demonstration projects
established under this section at such time, in such manner,
and containing such information as the Secretary may require.
(2) In general.--In selecting States to participate in a
demonstration project, the Secretary shall--
(A) consider the current structure of a State's
programs to assist individuals with catastrophic health
care costs and individuals that do not have health
insurance coverage;
(B) determine what parameters for the demonstration
project will be least intrusive to the State's existing
such structures; and
(C) consider the overall health status of the
State, the age demographics of individuals with high
health care costs and of individuals who do not have
health insurance coverage, and the historical health
care costs and efficiency of the State's health care
system.
(3) Specific site.--The Secretary shall select as a
demonstration project site the State in which (according to the
Hospital Referral Region of Residence, 1994-1995, as listed in
the Dartmouth Atlas of Health Care 1998) the largest
metropolitan areas of the State had the lowest percentage of
Medicare beneficiary deaths in a hospital when compared to the
largest metropolitan areas of each other State and the
percentage of enrollees who experienced intensive care during
the last 6 months of life was 21.5 percent.
(f) Funding.--
(1) In general.--Notwithstanding sections 1901, 1903(a)(1)
and 1923 of the Social Security Act (42 U.S.C. 1396,
1396a(a)(13)(A)(iv), 1396b(a)(1), 1396r-4), the Secretary shall
expend not less than $50,000,000 of the total amount of
unexpended State DSH allotments under section 1923 of such Act
for each of fiscal years 2007 through 2012 for purposes of
carrying out the demonstration projects authorized under this
section.
(2) Use of other funding sources.--A State may contribute
other public funds (other than otherwise obligated Federal
funds), and an employer may contribute private funds, to a
demonstration project funded under this section.
(g) Reports to Congress.--
(1) Preliminary report.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives a preliminary
report on the progress made in the demonstration projects
established under this section.
(2) Interim report.--Not later than 30 months after the
implementation of the demonstration projects established under
this section, the Secretary, in consultation with the
participants in such demonstration projects, shall submit to
the Committees described in paragraph (1), an interim report on
such demonstration projects.
(3) Final report.--Not later than the date on which all
demonstration projects established under this section end, the
Secretary shall submit to the Committees described in paragraph
(1) a final report on such demonstration projects that includes
the results of the evaluation conducted under subsection (f)
and recommendations for appropriate legislative changes. | Catastrophic Health Coverage Promotion Act - Requires the Secretary of Health and Human Services to establish demonstration projects to provide health care coverage to individuals who: (1) are not eligible for Medicaid or Medicare benefits and have exceeded $10,500 in out-of-pocket health care costs in a year or an adjusted amount based on the average out-of-pocket costs of individuals with catastrophic illnesses in a state for the year; or (2) were receiving Medicare or Medicaid benefits but who have exhausted their eligibility and any additional private health insurance coverage. Directs the Secretary, in designing such demonstration projects, to use: (1) state risk pools; (2) reinsurance mechanisms for small businesses; (3) public or private arrangements for the provision of affordable health insurance coverage to cover catastrophic health care expenses; and (4) any combination of such arrangements.
Requires the Secretary to establish demonstration projects to provide health insurance coverage for catastrophic health benefits to individuals who do not have health insurance coverage. Directs the Secretary, in designing such demonstration projects, to: (1) use a catastrophic health insurance product administered by private health insurance plans with a deductible indexed to income level or an adjusted deductible amount based on average out-of-pocket costs; and (2) subsidize such catastrophic coverage and allow subsidies on a sliding scale to offer an affordable product for individuals earning below 200% of the federal poverty level.
Establishes evaluation requirements for the projects. | {"src": "billsum_train", "title": "A bill to determine successful methods to provide protection from catastrophic health expenses for individuals who have exceeded health insurance coverage for uninsured individuals, and for other purposes."} | 1,886 | 299 | 0.662751 | 1.869574 | 0.837154 | 4.212766 | 6.333333 | 0.964539 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Grand River Band
of Ottawa Indians of Michigan Referral Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--REFERRAL TO THE SECRETARY
Sec. 101. Purpose.
Sec. 102. Report.
Sec. 103. Action by Congress.
TITLE II--MEMBERSHIP; JURISDICTION; LAND
Sec. 201. Recognition.
Sec. 202. Membership.
Sec. 203. Federal services and benefits.
Sec. 204. Rights of the Tribe.
Sec. 205. Tribal funds.
Sec. 206. Jurisdiction of trust land.
SEC. 2. DEFINITIONS.
In this Act:
(1) Band; tribe.--The terms ``Band'' and ``Tribe'' mean the
Grand River Band of the Ottawa Indians of Michigan.
(2) Date of recognition.--The term ``date of recognition''
means the date on which recognition of the Tribe by the
Secretary was published in the Federal Register under section
201.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
TITLE I--REFERRAL TO THE SECRETARY
SEC. 101. PURPOSE.
The purpose of this title is to obtain an expedited review of the
petition of the Band in order to secure a timely and just determination
of whether the Band is entitled to recognition as a Federal Indian
tribe under the rules that govern the recognition of a new group as an
Indian tribe.
SEC. 102. REPORT.
(a) In General.--Not later than August 31, 2005, the Secretary
shall review the petition of the Band and submit to Congress a report
describing the findings of the Secretary regarding whether--
(1) the majority of members of the Band are descendants of,
and political successors to, signatories of--
(A) the treaty made and concluded at Chicago, in
the State of Illinois, between Lewis Cass and Solomon
Sibley, Commissioners of the United States, and the
Ottawa, Chippewa, and Pottawatamie, Nations of Indians
on August 29, 1821 (7 Stat. 218);
(B) the treaty made and concluded at the city of
Washington in the District of Columbia, between Henry
R. Schoolcraft, commissioner on the part of the United
States, and the Ottawa and Chippewa nations of Indians,
by their chiefs and delegates on March 28, 1836 (7
Stat. 491); and
(C) the articles of agreement and convention made
and concluded at the city of Detroit, in the State of
Michigan, July 31, 1855, between George W. Manypenny
and Henry C. Gilbert, commissioners on the part of the
United States, and the Ottawa and Chippewa Indians of
Michigan, parties to the treaty of March 28, 1836;
(2) the history of the Band parallels the history of Indian
tribes the members of which are descendants of the signatories
to the treaties described in subparagraphs (B) and (C) of
paragraph (1), including--
(A) the Grand Traverse Band of Ottawa and Chippewa
Indians;
(B) the Sault Ste. Marie Tribe of Chippewa Indians;
(C) the Bay Mills Band of Chippewa Indians;
(D) the Little Traverse Bay Band of Odawa Indians;
and
(E) the Little River Band of Ottawa Indians;
(3) the majority of members of the Band continue to reside
in the ancestral homeland of the Band (which is now the Western
lower quadrant of the State of Michigan), as recognized in the
treaties described in paragraph (1);
(4)(A) the Band filed for reorganization of the tribal
government of the Band in 1935 under the Act of June 18, 1934
(commonly referred to as the ``Indian Reorganization Act'') (25
U.S.C. 461 et seq.);
(B) the Commissioner of Indian Affairs attested to the
continued social and political existence of the Band and
concluded that the Band was eligible for reorganization; and
(C) due to a lack of Federal appropriations to implement
the provisions of the Indian Reorganization Act, the Band was
denied the opportunity to reorganize;
(5)(A) the Band continued political and social existence as
a viable tribal government during the participation of the Band
in the Northern Michigan Ottawa Association in 1948, which
subsequently pursued a successful land claim with the Indian
Claims Commission; and
(B) the Band carried out tribal governmental functions
through the Northern Michigan Ottawa Association while
retaining control over local decisions;
(6) the Federal Government, the government of the State of
Michigan, and local governments have had continuous dealings
with recognized political leaders of the Band from 1836 to the
present; and
(7) the Band was included in the Michigan Indian Land
Claims Settlement Act (Public Law 105-143; 111 Stat. 2652) and
was required to submit a fully documented petition not later
than December 15, 2000, to qualify for land claim funds set
aside for the Band, which the Secretary segregated and holds in
trust for the Band pending recognition as the respective share
of funds of the Band under that Act.
(b) Consultation.--In carrying out this section, the Secretary
shall consult with and request information from--
(1) elected leaders of the Band; and
(2) anthropologists, ethno-historians, and genealogists
associated with the Band;
(3) attorneys of the Band; and
(4) other experts, as the Secretary determines appropriate.
(c) Conclusion.--
(1) Positive report.--Not later than August 31, 2005, if
the Secretary determines by a preponderance of the evidence
that the Band satisfies each condition of subsection (a), the
Secretary shall submit to Congress a positive report indicating
that determination.
(2) Negative report.--Not later than August 31, 2005, if
the Secretary determines by a preponderance of the evidence
that the Band fails to satisfy a condition of subsection (a),
the Secretary shall submit to Congress a negative report
indicating that determination.
(d) Failure to Submit Report.--If the Secretary fails to submit to
Congress a report in accordance with subsection (c)--
(1) not later than November 30, 2005, the Secretary shall
recognize the Band as an Indian tribe; and
(2) title II shall apply to the Band.
SEC. 103. ACTION BY CONGRESS.
(a) Action by Deadline.--
(1) In general.--If Congress acts on the report of the
Secretary under section 102(c) by the date that is 60 days
after the date of receipt of the report, the Secretary shall
carry out the actions described in this subsection.
(2) Positive report.--If the Secretary submitted a positive
report under section 102(c)(1)--
(A) not later than November 30, 2005, the Secretary
shall recognize the Band as an Indian tribe; and
(B) title II shall apply to the Band.
(3) Negative report.--If the Secretary submitted a negative
report under section 102(c)(2), the Secretary shall--
(A) return the petition of the Band to the list
maintained by the Office of Federal Acknowledgment; and
(B) grant the Band any opportunity available to the
Band to prove the status of the Band as an Indian
tribe.
(b) Failure to Act by Deadline.--
(1) In general.--If Congress fails to act on the report of
the Secretary under section 102(c) by the date that is 60 days
after the date of receipt of the report, the Secretary shall
carry out the actions described in this subsection.
(2) Positive report.--If the Secretary submitted a positive
report under section 102(c)(1)--
(A) not later than November 30, 2005, the Secretary
shall recognize the Band as an Indian tribe; and
(B) title II shall apply to the Band.
(3) Negative report.--If the Secretary submitted a negative
report under section 102(c)(2), the Secretary shall--
(A) return the petition of the Band to the list
maintained by the Office of Federal Acknowledgment; and
(B) grant the Band any opportunity available to the
Band to prove the status of the Band as an Indian
tribe.
TITLE II--MEMBERSHIP; JURISDICTION; LAND
SEC. 201. RECOGNITION.
Not later than November 30, 2005, if subsection (a)(2) or (b)(2)
of section 103 applies, the Secretary shall--
(1) recognize the Tribe; and
(2) publish notice of the recognition by the Secretary in
the Federal Register.
SEC. 202. MEMBERSHIP.
(a) List of Present Membership.--Not later than 120 days after the
date of recognition, the Tribe shall submit to the Secretary a list of
all individuals that were members of the Tribe on the date of
recognition.
(b) List of Individuals Eligible for Membership.--
(1) In general.--Not later than the date that is 18 months
after the date of recognition, the Tribe shall submit to the
Secretary a membership roll listing all individuals enrolled
for membership in the Tribe.
(2) Qualifications.--The qualifications for inclusion on
the membership roll of the Tribe shall be determined by the
Tribe, in consultation with the Secretary, based on the
membership clause in the governing document of the Tribe.
(3) Publication of notice.--On receiving the membership
roll under paragraph (1), the Secretary shall publish notice of
the membership roll in the Federal Register.
(c) Maintenance of Rolls.--The Tribe shall ensure that the
membership roll of the Tribe is maintained.
SEC. 203. FEDERAL SERVICES AND BENEFITS.
(a) In General.--Not later than October 31, 2005, the Tribe and
each member of the Tribe shall be eligible for all services and
benefits provided by the Federal Government to Indians because of their
status as Indians without regard to--
(1) the existence of a reservation; or
(2) the location of the residence of a member on or near an
Indian reservation.
(b) Jurisdiction.--
(1) In general.--Subject to paragraph (2), for the purpose
of delivering a Federal service to an enrolled member of the
Tribe, the jurisdiction of the Tribe extends to--
(A) all land and water designated to the Ottawa in
the treaties described in subparagraphs (A) and (B) of
section 102(a)(1); and
(B) all land and water described in any other
treaty that provides for a right of the Tribe.
(2) Effect of federal law.--Notwithstanding paragraph (1),
the jurisdiction of the Tribe shall be consistent with Federal
law.
SEC. 204. RIGHTS OF THE TRIBE.
(a) Abrogated and Diminished Rights.--Any right or privilege of the
Tribe or any member of the Tribe that was abrogated or diminished
before the date of recognition under section 201 is reaffirmed.
(b) Existing Rights of Tribe.--
(1) In general.--This Act does not diminish any right or
privilege of the Tribe or any member of the Tribe that existed
prior to the date of recognition.
(2) Legal and equitable claims.--Except as otherwise
provided in this Act, nothing in this Act alters or affects any
legal or equitable claim of the Tribe to enforce any right or
privilege reserved by or granted to the Tribe that was
wrongfully denied to or taken from the Tribe prior to the date
of recognition.
(c) Future Applications.--This Act does not address the merits of,
or affect the right of the Tribe to submit, any future application
regarding--
(1) placing land into trust; or
(2) gaming (as defined in section 4 of the Indian Gaming
Regulatory Act (25 U.S.C. 2703)).
SEC. 205. TRIBAL FUNDS.
Notwithstanding section 110 of the Michigan Indian Land Claims
Settlement Act (111 Stat. 2663), effective beginning on the date of
enactment of this Act, any funds set aside by the Secretary for use by
the Tribe shall be made available to the Tribe.
SEC. 206. JURISDICTION OF TRUST LAND.
(a) In General.--The Tribe shall have jurisdiction over all land
taken into trust by the Secretary for the benefit of the Tribe, to the
maximum extent allowed by law.
(b) Service Area.--The Tribe shall have jurisdiction over all
members of the Tribe that reside in the service area of the Tribe in
matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C.
1901 et seq.), as if the members resided on a reservation (as defined
in that Act). | Grand River Band of Ottawa Indians of Michigan Referral Act - Provides for an expedited review of the petition of the Grand River Band of the Ottawa Indians of Michigan for recognition as a Federal Indian tribe. | {"src": "billsum_train", "title": "A bill to expedite review of the Grand River Band of Ottawa Indians of Michigan to secure a timely and just determination of whether that group is entitled to recognition as a Federal Indian tribe."} | 2,912 | 46 | 0.578274 | 1.352439 | 0.916392 | 5.315789 | 69.078947 | 1 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gifted and Talented Students
Education Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Gifted and talented students give evidence of high
performance capability in specific academic fields, or in areas
such as intellectual, creative, artistic, or leadership
capacity, and require services and activities not ordinarily
provided by a school in order to fully develop such
capabilities. These children are from all cultural, racial, and
ethnic backgrounds, and socioeconomic groups; some have
disabilities and for some, English is not their first language.
Many of these students have been historically underrepresented
in gifted education programs.
(2) Because gifted and talented students generally are more
advanced academically, are able to learn more quickly and study
in more depth and complexity than others their age, their
special educational needs require opportunities and experiences
that are different from those generally available in regular
education programs.
(3) There currently is no Federal requirement to identify
or serve the Nation's approximately 3,000,000 gifted and
talented students.
(4) While some States and school districts allocate
resources to educate gifted and talented students, others do
not. Additionally, State laws and State and local funding,
identification, and accountability mechanisms vary widely,
resulting in a vast disparity of services for this special-
needs population.
(5) If the United States is to compete successfully in the
global economy, it is important that more students achieve to
higher levels, and that highly capable students receive an
education that prepares them to perform the highly innovative
and challenging work performed in today's workplace.
(6) The performance of 12th-grade advanced students in the
United States on the Third International Mathematics and
Science Study (TIMSS) was among the lowest in the world. In
each of 5 physics content areas and in each of 3 math content
areas, the performance of physics and advanced mathematics
students in the United States was among the lowest of
participating countries.
(7) Typical elementary school students with academic gifts
and talents have already mastered 35 to 50 percent of the
school year's content in several subject areas before the year
begins.
(8) In 1990, fewer than 2 cents out of every $100 spent on
elementary and secondary education in the United States was
devoted to providing challenging programming for the Nation's
gifted and talented students.
(b) Purpose.--The purpose of this Act is to provide grants to
States to support programs, classes, and other services designed to
meet the needs of the Nation's gifted and talented students in
elementary and secondary schools.
SEC. 3. PROGRAM AUTHORIZATION AND ACTIVITIES.
(a) In General.--The Secretary is authorized to provide grants to
State educational agencies to assist local educational agencies to
develop or expand gifted and talented education programs through one or
more of the following activities:
(1) Professional development programs.--A State educational
agency may expend funds to develop and implement programs to
address State and local needs for inservice training programs
for general educators, specialists in gifted and talented
education, administrators, school counselors, or other
personnel at the elementary and secondary levels.
(2) Technical assistance.--A State educational agency may
make materials and services available through State regional
education service centers, universities, colleges, or other
entities.
(3) Innovative programs and services.--States may support
innovative approaches and curricula used by school districts,
individual schools, or consortia of schools or school
districts.
(4) Emerging technologies.--States may provide funds for
challenging, high-level course work, disseminated through new
and emerging technologies (including distance learning), for
individual students or groups of students in schools and local
educational agencies that do not have the resources otherwise
to provide such course work.
(b) Limitations on Use of Funds.--Activities under subsection
(a)(4) may include development of curriculum packages, compensation of
distance learning educators, or other relevant activities, but funds
provided under this Act may not be used for the purchase or upgrading
of technological hardware.
SEC. 4. APPLICATION.
(a) In General.--To be eligible to receive a grant award under this
Act, a State educational agency shall submit an application to the
Secretary at such time and in such form and manner as the Secretary may
reasonably require.
(b) Contents.--The application shall include assurances--
(1) that the State educational agency is designated as the
agency responsible for the administration and supervision of
programs assisted under this Act;
(2) of the State educational agency's ability to provide
matching funds for the activities to be assisted under this Act
in an amount equal to not less than 20 percent of the grant
funds to be received, provided in cash or in kind;
(3) that funds received under this Act shall be used to
support gifted and talented students in public schools,
including students from all economic, ethnic, and racial
backgrounds, students of limited English proficiency, gifted
students with disabilities, and highly gifted students;
(4) that not less than 90 percent of the funds provided
under the grant shall be used for the purpose of making
subgrants, on a competitive basis, to local educational
agencies;
(5) that funds received under this Act shall be used only
to supplement, but not supplant, the amount of State and local
funds expended for the specialized education and related
services provided for the education of gifted and talented
students; and
(6) that the State educational agency shall develop and
implement program assessment models to evaluate educational
effectiveness and ensure program accountability.
(c) Approval.--To the extent funds are made available for this Act,
the Secretary shall approve an application of a State educational
agency if such application meets the requirements of this section.
SEC. 5. STATE USE OF FUNDS.
A State educational agency shall not use more than 10 percent of
the funds made available under this Act for--
(1) establishment and implementation of a peer review
process to review applications for subgrants made under section
4(b)(4);
(2) supervision of the awarding of funds to local
educational agencies or consortia thereof to support gifted and
talented students in the State;
(3) planning, supervision, and processing of funds made
available under this section;
(4) monitoring and evaluation of programs and activities
assisted under this Act, including the submission of the annual
report to the Secretary required in section 8;
(5) dissemination of general program information;
(6) providing technical assistance under this Act; and
(7) supplementing, but not supplanting, the amount of State
and local funds expended for the education of, and related
services provided for, the education of gifted and talented
students; and
(8) providing support for parental education.
SEC. 6. ALLOTMENT TO STATES.
(a) In General.--Except as otherwise provided in this section, of
the total amount made available for this Act, the Secretary shall award
to each State educational agency an amount that bears the same relation
to the total amount as the number of children ages 5 through 18 in the
State for the preceding academic year bears to the total number of all
such children in all States for such year.
(b) Reservation of Funds.--From the amount made available to carry
out this Act for any fiscal year, the Secretary shall reserve \1/2\ of
1 percent for the Secretary of the Interior for programs under this Act
for teachers, other staff, and administrators in schools operated or
funded by the Bureau of Indian Affairs.
(c) Minimum Award.--No State receiving an allotment under
subsection (a) may receive less than \1/2\ of 1 percent of the total
amount allotted under such subsection.
(d) Reallotment.--If any State does not apply for an allotment
under this section for any fiscal year, the Secretary shall reallot
such amount to the remaining States in accordance with this section.
SEC. 7. COMPETITIVE GRANTS TO STATES.
(a) In General.--Under section 10(b), the Secretary shall use the
funds under this Act for competitive grants to State educational
agencies to begin implementing activities described in section 3
through competitive subgrants to local educational agencies.
(b) Application.--The Secretary shall use the application described
in section 4 for grants awarded under this section.
SEC. 8. REPORTING.
Any State educational agency receiving funds under this Act shall
submit a report to the Secretary beginning one year after the date of
the enactment of this Act and each subsequent year that describes the
number of students served and the activities supported with funds
provided under this Act. The report shall include a description of the
measures taken to comply with the accountability requirements of
section 4(b).
SEC. 9. DEFINITIONS.
In this Act:
(1) The term ``gifted and talented'' has the meaning such
term has under State law or as such term is defined by the
State or local educational agency, or in the case of a State
that does not have a law that defines the term and the State or
local educational agency has not defined the term, the term has
the meaning given such term under section 14101(16) of the
Elementary and Secondary Education Act (20 U.S.C. 8801(16)).
(2) The term ``Secretary'' means the Secretary of
Education.
(3) The term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
(4) The term ``State educational agency'' has the same
meaning given such term in section 14101(28) of the Elementary
and Secondary Education Act (20 U.S.C. 8801(28)).
(5) The term ``local educational agency'' has the same
meaning given such term in section 14101(18) of the Elementary
and Secondary Education Act (20 U.S.C. 8801(18)).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$160,000,000 to carry out this Act for each of fiscal years 2002, 2003,
2004, 2005, and 2006.
(b) Trigger.--Notwithstanding any other provision of this Act, if
the amount appropriated under subsection (a) for a fiscal year is less
than $50,000,000, the Secretary shall implement the grant program
described in section 7. | Gifted and Talented Students Education Act of 2001 - Authorizes the Secretary of Education to make grants to State educational agencies to assist local educational agencies to develop or expand gifted and talented education programs through one or more of the following activities: (1) professional development programs; (2) technical assistance; (3) innovative approaches and curricula; and (4) emerging technologies, including distance learning. | {"src": "billsum_train", "title": "To give gifted and talented students the opportunity to develop their capabilities."} | 2,203 | 80 | 0.487112 | 1.201635 | 0.933562 | 4.828947 | 28 | 0.986842 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Donelson National Battlefield
Act of 2004''.
SEC. 2. FORT DONELSON NATIONAL BATTLEFIELD.
(a) Designation; Purpose.--There exists as a unit of the National
Park System the Fort Donelson National Battlefield to commemorate--
(1) the Battle of Fort Donelson in February 1862; and
(2) the campaign conducted by General Ulysses S. Grant and
Admiral Andrew H. Foote that resulted in the capture of Fort
Donelson by Union forces.
(b) Boundaries.--The boundary of the Fort Donelson Battlefield is
revised to include the site of Fort Donelson and associated land that
has been acquired by the Secretary of the Interior for administration
by the National Park Service, including Fort Donelson National
Cemetery, in Stewart County, Tennessee, and the site of Fort Heiman and
associated land in Calloway County, Kentucky, as generally depicted on
the map entitled ``Fort Donelson National Battlefield Boundary
Adjustment'', numbered 328/80024, and dated September 2003. The map
shall be on file and available for public inspection in the appropriate
offices of the National Park Service.
(c) Expansion of Boundaries.--The Fort Donelson National
Battlefield shall also include any land acquired pursuant to section 3.
SEC. 3. LAND ACQUISITION RELATED TO FORT DONELSON NATIONAL BATTLEFIELD.
(a) Acquisition Authority.--Subject to subsections (b) and (c), the
Secretary of the Interior may acquire land, interests in land, and
improvements thereon for inclusion in the Fort Donelson National
Battlefield. Such land, interests in land, and improvements may be
acquired by the Secretary only by purchase from willing sellers with
appropriated or donated funds, by donation, or by exchange with willing
owners.
(b) Land Eligible for Acquisition.--The Secretary of the Interior
may acquire land, interests in land, and improvements thereon under
subsection (a)--
(1) within the boundaries of the Fort Donelson National
Battlefield described in section 2(b); and
(2) outside such boundaries if--
(A) the land has been identified by the American
Battlefield Protection Program as part of the
battlefield associated with Fort Donelson; or
(B) the Secretary otherwise determines that
acquisition under subsection (a) will protect critical
resources associated with the Battle of Fort Donelson
in 1862 and the Union campaign that resulted in the
capture of Fort Donelson.
(c) Boundary Revision.--Upon acquisition of land or interests in
land described in subsection (b)(2), the Secretary of the Interior
shall revise the boundaries of the Fort Donelson National Battlefield
to include the acquired property.
(d) Limitation on Total Acreage of Park.--The total area
encompassed by the Fort Donelson National Battlefield may not exceed
2,000 acres.
SEC. 4. ADMINISTRATION OF FORT DONELSON NATIONAL BATTLEFIELD.
The Secretary of the Interior shall administer the Fort Donelson
National Battlefield in accordance with this Act and the laws generally
applicable to units of the National Park System, including the Act of
August 25, 1916 (commonly known as the National Park Service Organic
Act; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (commonly
known as the Historic Sites, Buildings, and Antiquities Act; 16 U.S.C.
461 et seq.).
SEC. 5. RELATION TO LAND BETWEEN THE LAKES NATIONAL RECREATION AREA.
The Secretary of Agriculture and the Secretary of the Interior
shall enter into a memorandum of understanding to facilitate
cooperative protection and interpretation of the remaining vestiges of
Fort Henry and other existing Civil War resources affiliated with the
Fort Donelson campaign and located in the Land Between the Lakes
National Recreation Area.
SEC. 6. REPEAL OF OBSOLETE PROVISIONS AND CONFORMING AMENDMENTS.
(a) Repeals.--
(1) 1928 law.--The first section and sections 2 through 4,
6 through 8, and 10 of the Act of March 26, 1928 (16 U.S.C.
428, 428a-428c, 428e-428g, and 428i), are repealed.
(2) 1937 law.--Section 3 of the Act of August 30, 1937 (16
U.S.C. 428d-3), is repealed.
(3) 1960 law.--Sections 4 and 5 of Public Law 86-738 (16
U.S.C. 428n, 428o) are repealed.
(b) Conforming Amendments.--
(1) 1928 law.--The Act of March 26, 1928, is amended--
(A) in section 5 (16 U.S.C. 428d), by striking ``:
Provided'' and all that follows and inserting a period;
and
(B) in section 9 (16 U.S.C. 428h)--
(i) by striking ``Fort Donelson National
Park'' and inserting ``Fort Donelson National
Battlefield''; and
(ii) by striking ``Secretary of War'' and
inserting ``Secretary of the Interior''.
(2) 1937 law.--The Act of August 30, 1937, is amended--
(A) in the first section (16 U.S.C. 428d-1)--
(i) by striking ``Fort Donelson National
Military Park'' and inserting ``Fort Donelson
National Battlefield''; and
(ii) by striking ``War Department'' and
inserting ``Department of the Army''; and
(B) in section 2 (16 U.S.C. 428d-2)--
(i) by striking ``Fort Donelson National
Military Park'' and inserting ``Fort Donelson
National Battlefield'';
(ii) by striking ``said national military
park'' and inserting ``Fort Donelson National
Battlefield''; and
(iii) by striking the last sentence.
(3) 1960 law.--Public Law 86-738 is amended--
(A) in section 1 (16 U.S.C. 428k), by striking
``Fort Donelson National Military Park'' and inserting
``Fort Donelson National Battlefield'' and by striking
``, but the total area commemorating the battle of Fort
Donelson shall not exceed 600 acres''; and
(B) by striking section 3 (16 U.S.C. 428m). | Fort Donelson National Battlefield Act of 2004 - (Sec. 2) Declares that the Fort Donelson National Battlefield exists as a unit of the National Park System (the System) to commemorate the Battle of Fort Donelson in February 1862 and the campaign conducted by General Ulysses S. Grant and Admiral Andrew H. Foote that resulted in the capture of the Fort by Union forces.
Revises the boundary of the Fort Donelson Battlefield to include the site of Fort Donelson and associated land that has been acquired by the Secretary of the Interior for administration by the National Park Service, including Fort Donelson National Cemetery, in Stewart County, Tennessee, and the site of Fort Heiman and associated land in Calloway County, Kentucky. Includes in the Battlefield any land acquired pursuant to this Act.
(Sec. 3) Authorizes the Secretary of the Interior to acquire only by purchase from willing sellers, by donation, or by exchange with willing owners for inclusion in the Fort Donelson National Battlefield land, interests, and improvements: (1) within the boundaries of the Battlefield; and (2) outside such boundaries if the land has been identified by the American Battlefield Protection Program as part of the battlefield associated with Fort Donelson or the Secretary otherwise determines that acquisition will protect critical resources associated with the Battle of Fort Donelson in 1862 and the Union campaign that resulted in the capture of the Fort. Requires the Secretary, upon acquisition of such land or interests, to revise the boundaries of the Battlefield to include the acquired property. Limits the total area encompassed by the Battlefield to 2,000 acres.
(Sec. 4) Requires the Secretary to administer the Fort Donelson National Battlefield in accordance with this Act and the laws generally applicable to units of the System, including the National Park Service Organic Act and the Historic Sites, Buildings, and Antiquities Act.
(Sec. 5) Directs the Secretary and the Secretary of Agriculture to enter into a memorandum of understanding to facilitate cooperative protection and interpretation of the remaining vestiges of Fort Henry and other existing Civil War resources affiliated with the Fort Donelson campaign and located in the Land Between the Lakes National Recreation Area. (Sec 6) Repeals specified provisions of law concerning Fort Donelson National Battlefield. | {"src": "billsum_train", "title": "To expand the boundaries of the Fort Donelson National Battlefield to authorize the acquisition and interpretation of lands associated with the campaign that resulted in the capture of the fort in 1862, and for other purposes."} | 1,514 | 512 | 0.812863 | 2.660272 | 0.885938 | 6.19715 | 2.845606 | 0.966746 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teachers For Tomorrow Act of 2000''.
SEC. 2. REVISION OF TEACHER LOAN FORGIVENESS PROGRAMS.
(a) Guaranteed Student Loans.--Part B of title IV of the Higher
Education Act of 1965 is amended by--
(1) redesignating section 428K (20 U.S.C. 1078-11) as
section 428L; and
(2) by inserting after section 428J the following new
section:
``SEC. 428K. EXPANDED LOAN FORGIVENESS FOR TEACHERS.
``(a) Purpose.--It is the purpose of this section to expand,
subject to the availability of appropriations therefor, the eligibility
of individuals to qualify for loan forgiveness for teachers beyond that
available under section 428J, in order to provide additional incentives
for such individuals to enter and continue in the teaching profession.
``(b) Program Authorized.--
``(1) In general.--From the sums appropriated pursuant to
subsection (i), the Secretary shall carry out a program,
through the holder of the loan, of assuming the obligation to
repay a qualified loan amount for a loan made under section 428
or 428H, in accordance with subsection (c), for any new
borrower on or after October 1, 1998, who is not eligible for
loan forgiveness under section 428J, but who--
``(A) is employed as a full-time teacher--
``(i) in a public elementary or secondary
school
``(ii) if employed as a secondary school
teacher, is teaching a subject area that is
relevant to the borrower's academic major as
certified by the chief administrative officer
of the public or nonprofit private secondary
school in which the borrower is employed; and
``(iii) if employed as an elementary school
teacher, has demonstrated, as certified by the
chief administrative officer of the public or
nonprofit private elementary school in which
the borrower is employed, knowledge and
teaching skills in reading, writing,
mathematics, and other areas of the elementary
school curriculum;
``(B) has a State certification (which may include
certification obtained through alternative means) or a
State license to teach, and has not failed to comply
with State or local accountability standards; and
``(C) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Selection of recipients.--The Secretary shall by
regulations, establish a formula that ensures fairness and
equality for applicants in the selection of borrowers for loan
repayment under this section, based on the amount available
pursuant to subsection (i).
``(c) Qualified Loans Amount.--
``(1) In general.--The Secretary shall repay not more than
the percentage specified in paragraph (2) of the loan
obligation on a loan made under section 428 or 428H that is
outstanding after the completion of each complete school year
of teaching described in subsection (b)(1). No borrower may
receive a reduction of loan obligations under both this section
and section 460.
``(2) Percentage eligible.--The percent of the loan
obligation which the Secretary shall repay under paragraph (1)
of this subsection is--
``(A) in the case of teaching in a school that
qualifies under section 465(a)(2)(A) for loan
cancellation for Perkins loan recipients who teach in
such schools, 25 percent for the first or second year
of such service, and 50 percent for the third year of such service; or
``(B) in the case of any other public elementary or
secondary school, 15 percent for the first or second
year of such service, 20 percent for the third or
fourth year of such service, and 30 percent for the
fifth year of such service.
``(3) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this subsection only to the extent that
such loan amount was used to repay a Federal Direct Stafford
Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan
made under section 428 or 428H for a borrower who meets the
requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(4) Treatment of years of service for continuing
education loans.--For purposes of paragraph (2), the year of
service is determined on the basis of the academic year that
the borrower began the service as a full-time teacher, except
that in the case of a borrower who incurs a loan obligation for
continuing education expenses while teaching, the year of
service is determined on the basis of the academic year
following the academic year for which the loan obligation was
incurred.
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) List.--If the list of schools in which a teacher may perform
service pursuant to subsection (b) is not available before May 1 of any
year, the Secretary may use the list for the year preceding the year
for which the determination is made to make such service determination.
``(g) Additional Eligibility Provisions.--
``(1) Continued eligibility.--Any teacher who performs
service in a school that--
``(A) meets the requirements of subsection
(b)(1)(A) in any year during such service; and
``(B) in a subsequent year fails to meet the
requirements of such subsection,
may continue to teach in such school and shall be eligible for
loan forgiveness pursuant to subsection (b).
``(2) Prevention of double benefits.--No borrower may, for
the same service, receive a benefit under both this section and
subtitle D of title I of the National and Community Service Act
of 1990 (42 U.S.C. 12571 et seq.).
``(h) Definition.--For purposes of this section, the term `year',
where applied to service as a teacher, means an academic year as
defined by the Secretary.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2002 and each of the 5 succeeding fiscal years.''.
(b) Direct Student Loans.--Part D of title IV of the Higher
Education Act of 1965 is amended by inserting after section 460 the
following new section:
``SEC. 460A. EXPANDED LOAN FORGIVENESS FOR TEACHERS.
``(a) Purpose.--It is the purpose of this section to expand,
subject to the availability of appropriations therefor, the eligibility
of individuals to qualify for loan forgiveness for teachers beyond that
available under section 460, in order to provide additional incentives
for such individuals to enter and continue in the teaching profession.
``(b) Program Authorized.--
``(1) In general.--From the sums appropriated pursuant to
subsection (i), the Secretary shall carry out canceling the
obligation to repay a qualified loan amount in accordance with
subsection (c) for Federal Direct Stafford Loans and Federal
Direct Unsubsidized Stafford Loans made under this part for any
new borrower on or after October 1, 1998, who is not eligible
for loan forgiveness under section 460, but who--
``(A) is employed as a full-time teacher--
``(i) in a public elementary or secondary
school;
``(ii) if employed as a secondary school
teacher, is teaching a subject area that is
relevant to the borrower's academic major as
certified by the chief administrative officer
of the public or nonprofit private secondary
school in which the borrower is employed; and
``(iii) if employed as an elementary school
teacher, has demonstrated, as certified by the
chief administrative officer of the public or
nonprofit private elementary school in which
the borrower is employed, knowledge and
teaching skills in reading, writing,
mathematics, and other areas of the elementary
school curriculum;
``(B) has a State certification (which may include
certification obtained through alternative means) or a
State license to teach, and has not failed to comply
with State or local accountability standards; and
``(C) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Selection of recipients.--The Secretary shall by
regulations, establish a formula that ensures fairness and
equality for applicants in the selection of borrowers for loan
repayment under this section, based on the amount available
pursuant to subsection (i).
``(c) Qualified Loans Amount.--
``(1) In general.--The Secretary shall cancel not more than
the percentage specified in paragraph (2) of the loan
obligation on a loan made under this part that is outstanding
after the completion of each complete school year of teaching
described in subsection (b)(1). No borrower may receive a
reduction of loan obligations under both this section and
section 428J.
``(2) Percentage eligible.--The percent of the loan
obligation which the Secretary shall cancel under paragraph (1)
of this subsection is--
``(A) in the case of teaching in a school that
qualifies under section 465(a)(2)(A) for loan
cancellation for Perkins loan recipients who teach in
such schools, 25 percent for the first or second year
of such service, and 50 percent for the third year of
such service; or
``(B) in the case of any other public elementary or
secondary school, 15 percent for the first or second
year of such service, 20 percent for the third or
fourth year of such service, and 30 percent for the
fifth year of such service.
``(3) Treatment of consolidation loans.--A loan amount for
a Federal Direct Consolidation Loan may be a qualified loan
amount for the purposes of this subsection only to the extent
that such loan amount was used to repay a Federal Direct
Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or
a loan made under section 428 or 428H for a borrower who meets
the requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(4) Treatment of years of service for continuing
education loans.--For purposes of paragraph (2), the year of
service is determined on the basis of the academic year that
the borrower began the service as a full-time teacher, except
that in the case of a borrower who incurs a loan obligation for
continuing education expenses while teaching, the year of
service is determined on the basis of the academic year
following the academic year for which the loan obligation was
incurred.
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) List.--If the list of schools in which a teacher may perform
service pursuant to subsection (b) is not available before May 1 of any
year, the Secretary may use the list for the year preceding the year
for which the determination is made to make such service determination.
``(g) Additional Eligibility Provisions.--
``(1) Continued eligibility.--Any teacher who performs
service in a school that--
``(A) meets the requirements of subsection
(b)(1)(A) in any year during such service; and
``(B) in a subsequent year fails to meet the
requirements of such subsection,
may continue to teach in such school and shall be eligible for
loan forgiveness pursuant to subsection (b).
``(2) Prevention of double benefits.--No borrower may, for
the same service, receive a benefit under both this section and
subtitle D of title I of the National and Community Service Act
of 1990 (42 U.S.C. 12571 et seq.).
``(h) Definition.--For purposes of this section, the term `year',
where applied to service as a teacher, means an academic year as
defined by the Secretary.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2002 and each of the 5 succeeding fiscal years.''.
SEC. 3. NO INCOME TAX BY REASON OF LOAN FORGIVENESS
Subsection (f) of section 108 of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(4) Loan forgiveness for teachers.--In the case of an
individual, gross income does not include any amount which (but
for this paragraph) would be includible in gross income by
reason of the discharge (in whole or in part) of any loan if
such discharge was pursuant to section 428J, 428K, 460, or 460A
of the Higher Education Act of 1965 (20 U.S.C. 1078-10), as in
effect on the date of the enactment of this paragraph.'' | Amends the Internal Revenue Code to provide that amounts of student loan forgiveness for teachers, under both the current HEA programs and those added by this Act, shall not be included in an individual's gross income for income tax purposes. | {"src": "billsum_train", "title": "Teachers For Tomorrow Act of 2000"} | 2,922 | 50 | 0.497632 | 1.157973 | -0.061018 | 1.613636 | 61.045455 | 0.840909 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Children from Peer-to-
Peer Pornography Act of 2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Peer-to-peer file trading software has been very widely
distributed. The most popular of these programs has been
downloaded over 200 million times, and at any one time, there
are over 3 million people using it.
(2) Peer-to-peer systems are emerging as a conduit for the
distribution of pornographic images and videos, including child
pornography. Child pornography is easily found and downloaded
using peer-to-peer systems.
(3) Child pornography has become increasingly available on
peer-to-peer systems. In 2002, there was a fourfold increase in
the number of reports of child pornography on peer-to-peer
systems.
(4) Approximately 40 percent of users of peer-to-peer
systems are juveniles.
(5) Juvenile users of peer-to-peer systems are at
significant risk of inadvertent exposure to pornography,
including child pornography, because searches on innocuous
keywords likely to be used by juveniles produce a high
proportion of pornographic images.
(6) The availability of peer-to-peer systems as a
distribution mechanism for child pornography may lead to
further sexual abuse of children, because the production of
child pornography is intrinsically related to sexual abuse of
children.
(7) Peer-to-peer systems also pose serious security and
privacy threats to users. Among other things, peer-to-peer
software often gives others access to all the files that are
stored on a user's hard drive, and many users, including
juvenile users and their parents, do not even know of these
threats.
(8) In light of these considerations, it is important that
Federal law provide appropriate protection for juvenile users
of peer-to-peer systems.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``Commission'' means the Federal Trade
Commission;
(2) the term ``juvenile'' means an individual under the age
of 18;
(3) the term ``parent'' includes a legal guardian;
(4) the terms ``peer-to-peer file trading software'' and
``peer-to-peer system'' have the definition given to such terms
by the regulations to be promulgated under section 3(b)(1);
(5) the term ``verifiable parental consent'' means any
reasonable effort (taking into consideration available
technology) to ensure that a parent of a juvenile receives
notice as described in section 3(b)(2)(A) and authorizes the
distribution of peer-to-peer file trading software to the
juvenile, including efforts such as those constituting
``verifiable parental consent'' under the Children's Online
Privacy Protection Act of 1998;
(6) the term ``verification of majority'' means any
reasonable effort (taking into consideration available
technology) to ensure that a recipient of peer-to-peer file
trading software is not a juvenile, including efforts such as
accepting and verifying a credit card number in connection with
a distribution of peer-to-peer file trading software; and
(7) the term ``person'' means any individual, partnership,
corporation, trust, estate, cooperative, association, or other
entity.
SEC. 4. REGULATION OF JUVENILE ACCESS TO PEER-TO-PEER NETWORKS.
(a) Acts Prohibited.--It is unlawful for any person to distribute
peer-to-peer file trading software, or to authorize or cause peer-to-
peer file trading software to be distributed by another person, in
interstate commerce in a manner that violates the regulations
prescribed under subsection (b)(2).
(b) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall promulgate regulations
that--
(1) define the term ``peer-to-peer file trading software''
for purposes of this Act, with such definition to encompass
computer software that enables the transmission of computer
files or data over the Internet or any other public network of
computers and that has as its primary function the capability
to do all of the following--
(A) enable a computer on which such software is
used to transmit files or data to another such
computer;
(B) enable the user of one such computer to request
the transmission of files or data from another such
computer; and
(C) enable the user of one such computer to
designate files or data available for transmission to
another such computer, but which definition excludes,
to the extent otherwise included, software products
legitimately marketed and distributed primarily for the
operation of business and home networks, the networks
of Internet access providers, or the Internet itself;
and
(2) require any person who distributes, or authorizes or
causes another person to distribute, peer-to-peer file trading
software in interstate commerce to--
(A) provide clear and prominent notice to each
recipient of peer-to-peer file trading software, before
the peer-to-peer file trading software is provided to
the recipient, that use thereof may expose the user to
pornography, illegal activities, and security and
privacy threats;
(B) check for the do-not-install beacon described
in subsection (c)(1) and not transmit peer-to-peer file
trading software to any computer with such beacon;
(C) obtain verification of majority, or if a
recipient is a juvenile obtain verifiable parental
consent, before the peer-to-peer file trading software
is provided to the recipient;
(D) ask whether or not each juvenile recipient of
peer-to-peer file trading software is a child under the
age of 13;
(E) comply with the provisions of the Children's
Online Privacy Protection Act of 1998 (15 U.S.C. 6501
et seq.) as to all information collected from children
in connection with the distribution of peer-to-peer
file trading software;
(F) ensure that the peer-to-peer file trading
software has the capability to be readily disabled or
uninstalled by a user thereof, and prominent means to
access clear information concerning the availability
and use of that capability;
(G) if the peer-to-peer file trading software has
the capability of automatically causing a user's
computer to function as a supernode or other focal
point for the transmission of files or data, or
information about the availability of files or data,
among other computers on which such software is used,
ensure that such software does not exercise that
capability unless the user receives clear and prominent
notice thereof and thereafter takes affirmative steps
to enable that capability;
(H) if the peer-to-peer file trading software has
the capability of disabling or circumventing security
or other protective software on, or features of, the
user's computer or network, including a firewall,
software that protects against viruses or other
malicious code or a do-not-install beacon or other
parental control, ensure that such peer-to-peer file
trading software does not exercise that capability
unless the user receives clear and prominent notice
thereof and thereafter takes affirmative steps to
enable that capability;
(I) if such person does not reside in the United
States, designate a resident agent for service of
process in the United States, and file with the
Commission such designation and the address of the
office or usual place of residence of the agent;
(J) maintain reasonable records of its compliance
with the requirements set forth in this paragraph; and
(K) establish and maintain reasonable procedures to
protect the confidentiality, security, and integrity of
personal information contained in such records.
(c) Technological Measures.--The Commission shall--
(1) not later than 1 year after the date of the enactment
of this Act, in consultation with the Under Secretary for
Technology of the Department of Commerce, develop and make
readily available to the public functional requirements for
standard ``do-not-install'' beacons that provide an effective
technological means for parents to record on their computers
their desire that users not install or use peer-to-peer file
trading software on those computers;
(2) make available to the public a list of do-not-install
beacon products that have been certified by their producers as
conforming to such functional requirements; and
(3) if in any study required by section 6, it appears to
the Commission that any commonly-used peer-to-peer file trading
software does not have the capability required by subsection
(b)(2)(F), promptly make readily available to the public
information necessary to enable parents to disable or uninstall
such software on their computers, and if necessary to allow
parents to do so readily, develop and make available
technological means for parents to disable or uninstall such
software on their computers.
(d) Enforcement.--A violation of the regulations prescribed under
subsection (b)(2) shall be treated as a violation of a rule defining an
unfair or deceptive act or practice prescribed under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)). In the case of any action arising under this Act against
a person that does not reside in the United States and has distributed
peer-to-peer file trading software, or authorized or caused peer-to-
peer file trading software to be distributed by another person, in
interstate commerce without designating an agent as required by
subsection (b)(2)(I), service of process may be made by filing the same
in the office of the Commission.
SEC. 5. ACTIONS BY THE COMMISSION.
(a) In General.--The Commission shall enforce this Act, and the
regulations promulgated pursuant to this Act, in the same manner, by
the same means, and with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this Act. Any entity that violates such regulations shall be
subject to the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act in the same manner, by the
same means, and with the same jurisdiction, power, and duties as though
all applicable terms and provisions of the Federal Trade Commission Act
were incorporated into and made a part of this Act.
(b) Effect on Other Laws.--Nothing contained in this Act shall be
construed to limit the authority of the Commission under any other
provisions of law.
SEC. 6. ACTIONS BY STATES.
(a) In General.--
(1) Civil actions.--In any case in which the attorney
general or other appropriate authority of a State has reason to
believe that an interest of the residents of that State has
been or is threatened or adversely affected by the engagement
of any person in a practice that violates the regulations of
the Commission prescribed under section 3(b)(2), the State, as
parens patriae, may bring a civil action on behalf of the
residents of the State in a district court of the United States
of appropriate jurisdiction to--
(A) enjoin that practice;
(B) enforce compliance with the regulations;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other relief as the court may
consider to be appropriate.
(2) Notice.--
(A) In general.--Before filing an action under
paragraph (1), the attorney general or other authority
of the State involved shall provide to the Commission--
(i) written notice of that action; and
(ii) a copy of the complaint for that
action.
(B) Exemption.--
(i) In general.--Subparagraph (A) shall not
apply with respect to the filing of an action
by an attorney general or other authority of a
State under this subsection, if the attorney
general or other authority determines that it
is not feasible to provide the notice described
in that subparagraph before the filing of the
action.
(ii) Notification.--In an action described
in clause (i), the attorney general or other
authority of a State shall provide notice and a
copy of the complaint to the Commission at the
same time as the attorney general or other
authority files the action.
(b) Intervention.--
(1) In general.--On receiving notice under subsection
(a)(2), the Commission shall have the right to intervene in the
action that is the subject of the notice.
(2) Effect of intervention.--If the Commission intervenes
in an action under subsection (a), it shall have the right--
(A) to be heard with respect to any matter that
arises in that action; and
(B) to file a petition for appeal.
(c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this Act shall be construed to prevent an
attorney general or other authority of a State from exercising the
powers conferred on the attorney general or other authority by the laws
of that State to--
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
(d) Actions by the Commission.--In any case in which an action is
instituted by or on behalf of the Commission for violation of any of
the regulations of the Commission prescribed under section 3(b)(2), no
State may, during the pendency of that action, institute an action
under subsection (a) against any defendant named in the complaint in
that action for violation of that regulation.
(e) Venue; Service of Process.--
(1) Venue.--Any action brought under subsection (a) may be
brought in the district court of the United States that meets
applicable requirements relating to venue under section 1391 of
title 28, United States Code.
(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in which
the defendant--
(A) is an inhabitant; or
(B) may be found.
SEC. 7. STUDY.
The Commission shall conduct an annual study concerning peer-to-
peer file trading software, including the availability of child
pornography and other pornographic images and videos using such
software, security and privacy threats posed by such software, use of
such software by juveniles, the ability of parents to control access to
and use of such software by juveniles, the degree of compliance with
and the effectiveness of this Act, and any legislative recommendations
that may be warranted. The Commission shall submit a report to the
Congress setting forth the results of each such study. The Under
Secretary for Technology of the Department of Commerce shall provide to
the Commission such staff and resources as necessary for the Commission
to perform its duty efficiently and in accordance with this section.
SEC. 8. EFFECTIVE DATE.
Sections 4(a), 5, and 6 of this Act take effect on the date that is
18 months after the date of enactment of this Act. | Protecting Children from Peer-to-Peer Pornography Act of 2003 - Makes it unlawful for any person to distribute peer-to-peer file trading software, or to authorize or cause such software to be distributed by another person, in interstate commerce in a manner that violates regulations promulgated by the Federal Trade Commission (FTC) under this Act. Requires inclusion in such regulations of: (1) an appropriate definition of such software; and (2) requirements that any person who distributes such software provide notice that its use may expose the user to pornography, illegal activities, and computer security and privacy threats.
Requires the FTC to develop and make readily available to the public functional requirements for standard "do not install" beacons that allow parents to record on their computers their desire that users not install such software on their computers.
Authorizes enforcement actions through the FTC or by States.
Directs the FTC to conduct a study concerning such software, including the availability of child pornography using such software, security and privacy threats posed by such software, use of such software by juveniles, and the ability of parents to control access to and use of such software by juveniles. | {"src": "billsum_train", "title": "To prohibit the distribution of peer-to-peer file trading software in interstate commerce."} | 3,288 | 259 | 0.575323 | 1.668866 | 0.786606 | 4.977876 | 13.858407 | 0.942478 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Payday Loan Consumer
Protection Amendments of 2006''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress makes the following findings:
(1) Payday lending is a rapidly expanding form of high-
cost, short-term credit that uses a borrower's personal check
as collateral and targets individuals with limited access to
affordable credit who are in desperate need of cash to meet
immediate obligations.
(2) Consumer group and regulatory studies indicate that the
average annual percentage rate on payday loans nationally
ranges from 390 percent to 780 percent for a 2-week loan and a
typical customer has 8 to 12 loans per year at a single lender.
(3) While State law has traditionally prohibited such high
cost lending through usury limits, small loan interest caps and
other restrictions, these laws have either been revised to
exempt payday loan transactions, or payday lenders have
affiliated with insured depository institutions to invoke the
most favored lender principle under Federal law to circumvent
interest rate regulation in State law.
(4) Lending that fails to assess borrowers ability to
repay, that requires consumers to write checks on insufficient
funds, that encourages perpetual debt or default on other
obligations, and that facilitates violations of State law, is
an unacceptable banking practice for insured depository
institutions that threatens the safety of the participating
institution and the broader banking system.
(b) Purpose.--It is the purpose of this Act to encourage fair
lending practices by prohibiting insured depository institutions from
engaging in any form of payday lending, by restricting the use of
personal checks drawn on, or forms of withdrawals from, accounts at
insured depository institutions for purposes of making payday loans.
SEC. 3. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT.
Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is
amended by adding at the end the following new subsection:
``(x) Prohibition on Certain Unsafe and Unsound Banking
Practices.--
``(1) In general.--An insured depository institution may
not--
``(A) make any payday loan, either directly or
indirectly; or
``(B) make any loan to any other lender for
purposes of financing a payday loan or refinancing or
extending any payday loan.
``(2) Payday loan defined.--For purposes of this
subsection, the term `payday loan' means any transaction in
which a short-term cash advance is made to a consumer in
exchange for--
``(A) a consumer's personal check or share draft,
in the amount of the advance plus a fee, where
presentment or negotiation of such check or share draft
is deferred by agreement of the parties until a
designated future date; or
``(B) a consumer's authorization to debit the
consumer's transaction account, in the amount of the
advance plus a fee, where such account will be debited
on or after a designated future date.''.
SEC. 4. PROHIBITION ON CERTAIN UNSAFE AND UNSOUND LENDING PRACTICES.
(a) In General.--Section 128 of the Truth in Lending Act (15 U.S.C.
1638) is amended by adding at the end the following new subsection:
``(e) Prohibition on Payday Loans Based on Checks Drawn on, or
Authorized Withdrawals From, Insured Depository Institutions.--
``(1) In general.--A creditor may not make a payday loan to
any person if the creditor knows or has reasonable cause to
believe that--
``(A) the personal check or share draft the
creditor receives from the person, in exchange for the
loan, is drawn on an insured depository institution or
insured credit union; or
``(B) the account the creditor receives permission
from the person to debit, in exchange for the loan, is
a transaction account or share draft account at an
insured depository institution or an insured credit
union.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Insured credit union.--The term `insured
credit union' has the meaning given the term in section
101 of the Federal Credit Union Act.
``(B) Insured depository institution.--The term
`insured depository institution' has the meaning given
the term in section 3 of the Federal Deposit Insurance
Act.
``(C) Payday loan defined.--The term `payday loan'
means any transaction in which a short-term cash
advance is made to a consumer in exchange for--
``(i) a consumer's personal check or share
draft, in the amount of the advance plus a fee,
where presentment or negotiation of such check
or share draft is deferred by agreement of the
parties until a designated future date; or
``(ii) a consumer's authorization to debit
the consumer's transaction or share draft
account, in the amount of the advance plus a
fee, where such account will be debited on or
after a designated future date.''.
(b) Clarification of Liability.--Section 130(a) of the Truth in
Lending Act (15 U.S.C. 1640(a)) is amended by inserting after the
penultimate sentence the following new sentence: ``Any creditor who
violates section 128(e) with respect to any person shall be liable to
such person under paragraphs (1), (2) and (3).''.
(c) Federal Reserve Board Study of Advertising and Warning Labels
for High-Interest Loans.--
(1) Study required.--The Board of Governors of the Federal
Reserve System shall conduct a study to determine the most
effective way to require--
(A) advertising of the finance charge and the annual
percentage rate; and
(B) the inclusion of a high-interest warning label,
on all applications and contracts for credit (as defined in
section 103 of the Truth in Lending Act) bearing interest at an
annual percentage rate in excess of 36 percent.
(2) Report to the congress.--The Board of Governors of the
Federal Reserve System shall submit a report to the Congress
before the end of the 6-month period beginning on the date of
the enactment of this Act containing the findings and
conclusions of the Board with respect to the study required
under subsection (a), together with such recommendations for
legislative or administrative action as the Board may
determines to be appropriate.
SEC. 5. EFFECTIVE DATE.
The requirements of this Act and the amendments made by this Act
shall take effect at the end of the 90-day period beginning on the date
of the enactment of this Act and shall apply to payday loans initiated
on or after such date and to an extension or renewal of a payday loan
made on or after such date. | Federal Payday Loan Consumer Protection Amendments of 2006 - Amends the Federal Deposit Insurance Act to prohibit an insured depository institution from: (1) making any payday loan, either directly or indirectly; or (2) making any loan to any other lender for purposes of financing, refinancing, or extending any payday loan.
Amends the Truth in Lending Act to prohibit payday loans based on checks drawn on, or authorized withdrawals from, insured depository institutions. | {"src": "billsum_train", "title": "To amend the Federal Deposit Insurance Act and the Truth in Lending Act to prohibit federally insured institutions from engaging in high-cost payday loans, to expand protections for consumers in connection with the making of such loans by uninsured entities, and for other purposes."} | 1,531 | 98 | 0.635364 | 1.625718 | 1.156477 | 4.534884 | 16.034884 | 0.953488 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Guam World War II
Loyalty Recognition Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Recognition of the suffering and loyalty of the residents of
Guam.
Sec. 3. Payments for Guam World War II claims.
Sec. 4. Adjudication.
Sec. 5. Grants program to memorialize the occupation of Guam during
World War II.
SEC. 2. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF
GUAM.
(a) Recognition of the Suffering of the Residents of Guam.--The
United States recognizes that, as described by the Guam War Claims
Review Commission, the residents of Guam, on account of their United
States nationality, suffered unspeakable harm as a result of the
occupation of Guam by Imperial Japanese military forces during World
War II, by being subjected to death, rape, severe personal injury,
personal injury, forced labor, forced march, or internment.
(b) Recognition of the Loyalty of the Residents of Guam.--The
United States forever will be grateful to the residents of Guam for
their steadfast loyalty to the United States of America, as
demonstrated by the countless acts of courage they performed despite
the threat of death or great bodily harm they faced at the hands of the
Imperial Japanese military forces that occupied Guam during World War
II.
SEC. 3. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.
(a) Payments for Death, Personal Injury, Forced Labor, Forced
March, and Internment.--After receipt of certification pursuant to
section 4(b)(8) and in accordance with this section, the Secretary of
the Treasury shall make the following payments:
(1) Survivors of residents who died in war.--In the case of
a compensable Guam decedent (as defined in subsection (c)(1)),
the Secretary shall pay $25,000 for distribution to eligible
survivors of the decedent as specified in subsection (b).
(2) Residents injured.--In the case of a compensable Guam
victim who is not deceased, the Secretary shall pay such victim
the following:
(A) If the victim has suffered an injury described
in subsection (c)(2)(A), $15,000.
(B) If the victim is not described in subparagraph
(A) but has suffered an injury described in subsection
(c)(2)(B), $12,000.
(C) If the victim is not described in subparagraph
(A) or (B) but has suffered an injury described in
subsection (c)(2)(C), $10,000.
(3) Survivors of deceased injured residents.--In the case
of a compensable Guam victim who is deceased, the Secretary
shall pay $7,000 for distribution to eligible survivors of the
victim as specified in subsection (b).
Payments under this section shall be treated for purposes of section
1304(a) of title 31, United States Code, as an award otherwise
authorized as law.
(b) Distribution of Survivor Payments.--Payments under paragraph
(1) or (3) of subsection (a) to eligible survivors of an individual who
is a compensable Guam decedent or a compensable Guam victim who is
deceased shall be made as follows:
(1) If there is living a spouse of the individual, but no
child of the individual, all of the payment shall be made to
such spouse.
(2) If there is living a spouse of the individual and one
or more children of the individual, one-half of the payment
shall be made to the spouse and the other half to the child (or
to the children in equal shares).
(3) If there is no living spouse of the individual, but
there are one or more children of the individual alive, all of
the payment shall be made to such child (or to such children in
equal shares).
(4) If there is no living spouse or child of the individual
but there is a living parent (or parents) of the individual,
all of the payment shall be made to the parents (or to the
parents in equal shares).
(5) If there is no such living spouse, child, or parent, no
payment shall be made.
(c) Definitions.--For purposes of this Act:
(1) Compensable guam decedent.--The term ``compensable Guam
decedent'' means an individual determined under section 4(a)(1)
to have been a resident of Guam who died or was killed as a
result of the attack and occupation of Guam by Imperial
Japanese military forces during World War II, or incident to
the liberation of Guam by United States military forces, and
whose death would have been compensable under the Guam
Meritorious Claims Act of 1945 (Public Law 79-224) if a timely
claim had been filed under the terms of such Act.
(2) Compensable guam victim.--The term ``compensable Guam
victim'' means an individual determined under section 4(a)(1)
to have suffered, as a result of the attack and occupation of
Guam by Imperial Japanese military forces during World War II,
or incident to the liberation of Guam by United States military
forces, any of the following:
(A) Rape or severe personal injury (such as loss of
a limb, dismemberment, or paralysis).
(B) Forced labor or a personal injury not under
subparagraph (A) (such as disfigurement, scarring, or
burns).
(C) Forced march, internment, or hiding to evade
internment.
(3) Definitions of severe personal injuries and personal
injuries.--The Foreign Claims Settlement Commission shall
promulgate regulations to specify injuries that constitute a
severe personal injury or a personal injury for purposes of
subparagraphs (A) and (B), respectively, of paragraph (2).
SEC. 4. ADJUDICATION.
(a) Authority of Foreign Claims Settlement Commission.--
(1) In general.--The Foreign Claims Settlement Commission
is authorized to adjudicate claims and determine eligibility
for payments under section 3.
(2) Rules and regulations.--The chairman of the Foreign
Claims Settlement Commission shall prescribe such rules and
regulations as may be necessary to enable it to carry out its
functions under this Act. Such rules and regulations shall be
published in the Federal Register.
(b) Claims Submitted for Payments.--
(1) Submittal of claim.--For purposes of subsection (a)(1)
and subject to paragraph (2), the Foreign Claims Settlement
Commission may not determine an individual is eligible for a
payment under section 3 unless the individual submits to the
Commission a claim in such manner and form and containing such
information as the Commission specifies.
(2) Filing period for claims and notice.--All claims for a
payment under section 3 shall be filed within one year after
the Foreign Claims Settlement Commission publishes public
notice of the filing period in the Federal Register. In
addition, the Commission shall cause to be publicized the
public notice of the deadline for filing claims in newspaper,
radio, and television media on Guam.
(3) Adjudicatory decisions.--The decision of the Foreign
Claims Settlement Commission on each claim shall be by majority
vote, shall be in writing, and shall state the reasons for the
approval or denial of the claim. If approved, the decision
shall also state the amount of the payment awarded and the
distribution, if any, to be made of the payment.
(4) Deductions in payment.--The Foreign Claims Settlement
Commission shall deduct, from potential payments, amounts
previously paid under the Guam Meritorious Claims Act of 1945
(Public Law 79-224).
(5) Interest.--No interest shall be paid on payments
awarded by the Foreign Claims Settlement Commission.
(6) Remuneration prohibited.--No remuneration on account of
representational services rendered on behalf of any claimant in
connection with any claim filed with the Foreign Claims
Settlement Commission under this Act shall exceed one percent
of the total amount paid pursuant to any payment certified
under the provisions of this Act on account of such claim. Any
agreement to the contrary shall be unlawful and void. Whoever
demands or receives, on account of services so rendered, any
remuneration in excess of the maximum permitted by this section
shall be fined not more than $5,000 or imprisoned not more than
12 months, or both.
(7) Appeals and finality.--Objections and appeals of
decisions of the Foreign Claims Settlement Commission shall be
to the Commission, and upon rehearing, the decision in each
claim shall be final, and not subject to further review by any
court or agency.
(8) Certifications for payment.--After a decision approving
a claim becomes final, the chairman of the Foreign Claims
Settlement Commission shall certify it to the Secretary of the
Treasury for authorization of a payment under section 3.
(9) Treatment of affidavits.--For purposes of section 3 and
subject to paragraph (2), the Foreign Claims Settlement
Commission shall treat a claim that is accompanied by an
affidavit of an individual that attests to all of the material
facts required for establishing eligibility of such individual
for payment under such section as establishing a prima facie
case of the individual's eligibility for such payment without
the need for further documentation, except as the Commission
may otherwise require. Such material facts shall include, with
respect to a claim under paragraph (2) or (3) of section 3(a),
a detailed description of the injury or other circumstance
supporting the claim involved, including the level of payment
sought.
(10) Release of related claims.--Acceptance of payment
under section 3 by an individual for a claim related to a
compensable Guam decedent or a compensable Guam victim shall be
in full satisfaction of all claims related to such decedent or
victim, respectively, arising under the Guam Meritorious Claims
Act of 1945 (Public Law 79-224), the implementing regulations
issued by the United States Navy pursuant thereto, or this Act.
(11) Penalty for false claims.--The provisions of section
1001 of title 18 of the United States Code (relating to
criminal penalties for false statements) apply to claims
submitted under this subsection.
SEC. 5. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING
WORLD WAR II.
(a) Establishment.--Subject to subsection (c) and in accordance
with this section, the Secretary of the Interior shall establish a
grants program under which the Secretary shall award grants for
research, educational, and media activities that memorialize the events
surrounding the occupation of Guam during World War II, honor the
loyalty of the people of Guam during such occupation, or both, for
purposes of appropriately illuminating and interpreting the causes and
circumstances of such occupation and other similar occupations during a
war.
(b) Eligibility.--The Secretary of the Interior may not award to a
person a grant under subsection (a) unless such person submits an
application to the Secretary for such grant, in such time, manner, and
form and containing such information as the Secretary specifies.
(c) Authorization for Appropriations.--There are authorized to be
appropriated $5,000,000, to remain available for obligation until
September 30, 2011, to carry out the grant program under this section.
In addition, the Secretary of the Interior may use unobligated funds
made available to the Secretary that may be used for such purpose to
carry out this section. | Guam World War II Loyalty Recognition Act - (Sec. 2) Recognizes the great suffering and steadfast loyalty and courage of the people of Guam during the Japanese occupation of Guam in World War II.
(Sec. 3) Directs the Secretary of the Treasury to make the following payments for Guam World War II claims: (1) spouses, children or parents of compensable Guam decedents would be eligible for $25,000; (2) compensable Guam victims who were raped or suffered severe personal injury would be eligible for $15,000, and those who were subjected to forced labor or suffered personal injury would be eligible for $12,000; and (3) eligible heirs of compensable decedents or compensable victims would be eligible for $7,000.
Defines "compensable Guam decedent" and "compensable Guam victim."
Directs the Foreign Claims Settlement Commission to specify injuries that would constitute a severe personal injury or a personal injury.
(Sec. 4) Authorizes the Commission to adjudicate claims and determine payment eligibility.
Requires: (1) claims to be filed within one year after the Commission publishes public notice of the filing period in the Federal Register; and (2) the Commission to make filing period information available to the public through the media in Guam.
(Sec. 5) Directs the Secretary of the Interior to establish a grant program for research, educational, and media activities that memorialize the events surrounding the occupation of Guam during World War II, honor the loyalty of the people of Guam during such occupation, or both. Authorizes grant appropriations, which shall remain available until September 30, 2011. | {"src": "billsum_train", "title": "To implement the recommendations of the Guam War Claims Review Commission."} | 2,538 | 362 | 0.694456 | 2.318829 | 0.794248 | 3.73871 | 7.46129 | 0.925806 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Waste Empowerment and
Enforcement Provision Act of 2002''.
SEC. 2. AUTHORITY TO REGULATE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding after section 4010 the
following new section:
``SEC. 4011. RECEIPT AND DISPOSAL OF OUT-OF-STATE MUNICIPAL SOLID
WASTE.
``(a) Authority of State To Restrict Out-Of-State Municipal Solid
Waste.--A State may limit or place restrictions on, or otherwise
regulate, out-of-State municipal solid waste received or disposed of
annually at each landfill or incinerator in the State, except as
provided in subsection (b). In limiting, restricting, or regulating
out-of-State municipal solid waste under this section, a State's powers
include, but are not limited to--
``(1) assessing different fees for the receipt or disposal
of out-of-State municipal solid waste from those assessed for
municipal solid waste from inside the State;
``(2) requiring local referenda on the establishment of
landfills and construction of incinerators intended for receipt
or disposal of out-of-State municipal solid waste;
``(3) considering local need for disposal capacity when
making permitting and expansion decisions;
``(4) limiting the receipt of out-of-State municipal solid
waste to a percentage of a landfill's or incinerator's
capacity;
``(5) freezing the levels of out-of-State municipal solid
waste receipt or disposal at particular calendar year levels or
percentages of calendar year levels;
``(6) requiring companies to publicly disclose information
about previous health and safety violations before opening new
landfills or incinerators;
``(7) regulating and restricting modes of transportation
for out-of-State municipal solid waste; and
``(8) requiring inspectors at landfills, incinerators, and
transfer stations that accept out-of-State municipal solid
waste.
``(b) Exception.--A State may not, until after the expiration of 2
years after the date of the enactment of this section, limit, restrict,
or regulate out-of-State municipal solid waste received or disposed of
annually at a landfill or incinerator in the State under subsection (a)
to the extent that a host community agreement specifically authorizes
the receipt of such waste.
``(c) Definitions.--For purposes of this section:
``(1) Affected local government.--The term `affected local
government' means--
``(A) the public body authorized by State law to
plan for the management of municipal solid waste, a
majority of the members of which are elected officials,
for the area in which a landfill or incinerator is
located or proposed to be located;
``(B) if there is no such body authorized by State
law, the elected officials of the city, town, township,
borough, county, or parish exercising primary
responsibility over municipal solid waste management or
the use of land in the jurisdiction in which a landfill
or incinerator is located or proposed to be located; or
``(C) contiguous units of local government located
in each of 2 or more adjoining States acting jointly as
an affected local government, pursuant to the authority
provided in section 1005(b), for purposes of providing
authorization under subsection (b) for municipal solid
waste generated in the jurisdiction of one of those
units of local government and received for disposal or
incineration in the jurisdiction of another.
``(2) Host community agreement.--The term `host community
agreement' means a written, legally binding agreement, lawfully
entered into before the date of the enactment of this section
between an owner or operator of a landfill or incinerator and
an affected local government that specifically authorizes the
landfill or incinerator to receive out-of-State municipal solid
waste.
``(3) Municipal solid waste.--
``(A) Waste included.--Except as provided in
subparagraph (B), the term `municipal solid waste'
means--
``(i) all waste materials discarded for
disposal by households, including single and
multifamily residences, and hotels and motels;
``(ii) sewage sludge and residuals from any
sewage treatment plant;
``(iii) combustion ash generated by
resource recovery facilities or municipal
incinerators;
``(iv) petroleum contaminated soil; and
``(v) all waste materials discarded for
disposal that were generated by commercial,
institutional, municipal, and industrial
sources, to the extent such materials--
``(I) are essentially the same as
materials described in clause (i); and
``(II) were collected and disposed
of with other municipal solid waste
described in clause (i) or subclause
(I) of this clause as part of normal
municipal solid waste collection
services, except that this subclause
does not apply to hazardous materials
other than hazardous materials that,
pursuant to regulations issued under
section 3001(d), are not subject to
regulation under subtitle C.
Examples of municipal solid waste include food and yard
waste, paper, clothing, appliances, consumer product
packaging, disposable diapers, office supplies,
cosmetics, glass and metal food containers, and
household hazardous waste. Such term shall include
debris resulting from construction, remodeling, repair,
or demolition of structures.
``(B) Waste not included.--The term `municipal
solid waste' does not include any of the following:
``(i) Any solid waste identified or listed
as a hazardous waste under section 3001, except
for household hazardous waste.
``(ii) Any solid waste, including
contaminated soil (other than petroleum
contaminated soil) and debris, resulting from--
``(I) a response action taken under
section 104 or 106 of the Comprehensive
Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9604 or
9606);
``(II) a response action taken
under a State law with authorities
comparable to the authorities of such
section 104 or 106; or
``(III) a corrective action taken
under this Act.
``(iii) Recyclable materials that have been
separated, at the source of the waste, from
waste otherwise destined for disposal or that
have been managed separately from waste
destined for disposal.
``(iv) Scrap rubber to be used as a fuel
source.
``(v) Materials and products returned from
a dispenser or distributor to the manufacturer
or an agent of the manufacturer for credit,
evaluation, and possible reuse.
``(vi) Any solid waste that is--
``(I) generated by an industrial
facility; and
``(II) transported for the purpose
of treatment, storage, or disposal to a
facility or unit thereof that is owned
or operated by the generator of the
waste, located on property owned by the
generator or a company with which the
generator is affiliated, or the
capacity of which is contractually
dedicated exclusively to a specific
generator, so long as the disposal area
complies with local and State land use
and zoning regulations applicable to
the disposal site.
``(vii) Any medical waste that is
segregated from or not mixed with solid waste.
``(viii) Waste from manufacturing or
processing (including pollution control)
operations not essentially the same as waste
normally generated by households.
``(4) Out-of-state municipal solid waste.--The term `out-
of-State municipal solid waste' means, with respect to any
State, municipal solid waste generated outside of the State.
The term includes municipal solid waste generated outside of
the United States and includes municipal solid waste generated
outside of the State that has passed through a transfer
facility or other interim holding facility inside the State.
``(5) Recyclable materials.--The term `recyclable
materials' means materials that are diverted, separated from,
or separately managed from materials otherwise destined for
disposal as solid waste, by collecting, sorting, or processing
for use as raw materials or feedstocks in lieu of, or in
addition to, virgin materials, including petroleum, in the
manufacture of usable materials or products.
``(6) Specifically authorizes.--The term `specifically
authorizes' refers to an explicit authorization, contained in a
host community agreement or permit, to import municipal solid
waste from outside the State. Such authorization may include a
reference to a fixed radius surrounding the landfill or
incinerator which includes an area outside the State or a
reference to `any place of origin', reference to specific
places outside the State, or use of such phrases as `regardless
of origin' or `outside the State'. The language for such
authorization must clearly and affirmatively state the approval
or consent of the affected local government or State for
receipt of municipal solid waste from sources or locations
outside the State from which the owner or operator of a
landfill or incinerator proposes to import it. The term shall
not include general references to the receipt of waste from
outside the jurisdiction of the affected local government.''.
(b) Table of Contents.--The table of contents of the Solid Waste
Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item
relating to section 4010 the following new item:
``Sec. 4011. Receipt and disposal of out-of-State municipal solid
waste.''. | State Waste Empowerment and Enforcement Provision Act of 2002 - Amends the Solid Waste Disposal Act to authorize a State to limit, place restrictions on, or otherwise regulate out-of-State municipal solid waste received or disposed of annually at each landfill or incinerator in the State, except, until two years after enactment of this Act, to the extent that a host community agreement (between an owner or operator of a landfill or incinerator and an affected local government) specifically authorizes such receipt. | {"src": "billsum_train", "title": "To authorize States to regulate the receipt and disposal of out-of-State municipal solid waste."} | 2,123 | 116 | 0.668206 | 1.585761 | 0.634436 | 6.537634 | 21.322581 | 0.967742 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mineral Hill Historic Mining
District Preservation Act of 2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Mineral Hill Mine located north of Yellowstone
National Park in the Gallatin National Forest possesses
outstanding natural characteristics, wildlife habitats, and
historic and educational values that would make the land a
valuable addition to the National Forest System;
(2) the mining industry in the State of Montana played an
important role in the settlement and development of the western
United States;
(3) to understand the present and future development of
natural resources in the United States, it is necessary to
study the history of the mining industry;
(4) the Jardine Historic Mining District, located in the
Mineral Hill-Crevice Mountain Mining District, includes
historically significant structures that should be retained,
restored, maintained, managed, and interpreted;
(5) TVX Mineral Hill, Inc., the owner of the Mineral Hill
Mine, has offered to donate to the Secretary of Agriculture all
right, title, and interest of the company in and to the mine;
and
(6) the Secretary of Agriculture should--
(A) accept the donation of the Mineral Hill Mine to
maintain and preserve the Jardine Historic Mining
District and the associated mine site for the benefit,
use, and education of present and future generations;
and
(B) manage and protect the natural characteristics
and wildlife habitats on the donated land, consistent
with the management by the Secretary of Agriculture of
adjoining land in the Gallatin National Forest.
(b) Purposes.--The purposes of this Act are--
(1) to authorize the Secretary of Agriculture to accept the
donation of certain land located within the boundaries of the
Gallatin National Forest;
(2) to provide for the management and maintenance of the
donated land and associated structures for the benefit, use,
and education of present and future generations; and
(3) to promote cooperation between the Secretary of
Agriculture, Montana Tech of the University of Montana, and
other public and private entities for the purpose of providing
interpretive, educational, and other services relating to the
donated land.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the document
entitled ``Donation Agreement between TVX Mineral Hill, Inc.,
and the United States Department of Agriculture, Forest
Service'', including any associated maps or exhibits.
(2) Company.--
(A) In general.--The term ``company'' means TVX
Mineral Hill, Inc., a company incorporated under the
laws of the State of Minnesota.
(B) Inclusions.--The term ``company'' includes--
(i) any successors and assigns of the
company; and
(ii) any other entity that has an interest
in the donated land.
(3) Donated land.--The term ``donated land'' means the non-
Federal land and associated mineral rights on Federal land--
(A) located in the Gallatin National Forest in an
area known as the ``Mineral Hill-Crevice Mountain
Mining District'', Park County, Montana; and
(B) comprised of--
(i) approximately 570 acres of non-Federal
land (including mineral rights, structures,
improvements, and appurtenances); and
(ii) approximately 194 acres of mineral
rights on Federal land.
(4) Forest plan.--The term ``Forest Plan'' means the plan
entitled the ``Gallatin National Forest Land and Resource
Management Plan''.
(5) Fund.--The term ``Fund'' means the Mineral Hill
Historic Mining District Fund established by section 7(a).
(6) Map.--The term ``map'' means the map entitled ``Mineral
Hill Donation--April, 2001''.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. RATIFICATION OF THE AGREEMENT.
(a) Ratification.--All terms, conditions, procedures, covenants,
reservations, and other provisions described in the Agreement, as a
matter of Federal law--
(1) are incorporated in this Act;
(2) are ratified and confirmed; and
(3) describe the rights and obligations of the Secretary
and the company.
(b) Changes.--The Secretary or the company may modify or amend the
Agreement if--
(1) the Secretary and the company agree to the modification
or amendment; and
(2) the Secretary provides to the Committee on Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate written notice of the
modification or amendment.
SEC. 5. ACCEPTANCE OF DONATED LAND.
(a) In General.--If the Secretary determines that the conditions
under subsection (c) have been satisfied, the Secretary may accept all
right, title, and interest in and to the donated land, as depicted on
the map.
(b) Map.--
(1) Availability.--The map shall be on file and available
for public inspection in--
(A) the Office of the Chief of the Forest Service;
and
(B) the office of the Forest Supervisor, Gallatin
National Forest, Bozeman, Montana.
(2) Conflict.--In the case of any conflict between the map,
legal description, and deed of conveyance, the legal
description shall control.
(c) Conditions.--Before accepting title to the donated land under
subsection (a), the Secretary must--
(1) find--
(A)(i) that the title to each parcel of donated
land is acceptable and in conformity with the title
review standards of the Attorney General; or
(ii) if the title is not acceptable under clause
(i), that the company has satisfied any corrective
actions with regard to the title that the Secretary
recommends;
(B) that any boundary overlaps and encroachments on
the donated land have been resolved by the company;
(C) that the plan to reclaim the property has been
successfully completed in accordance with the
Agreement, except for post-reclamation monitoring,
operation, and maintenance; and
(D) that the company has obtained pollution
liability insurance on the donated land--
(i) of at least $10,000,0000 in coverage;
(ii) that is in effect until September 8,
2012;
(iii) that names the Secretary as an
additional insured;
(iv) that has a deductible not greater than
$1,000,000; and
(v) that is satisfactory to the Secretary;
and
(2) approve the form and substance of all documents
associated with the conveyance of the donated land.
(d) Permits.--On acceptance of the donated land under subsection
(a), the Secretary shall accept and meet the requirements of permits
that--
(1) have been issued to the company;
(2) are in effect as of the date of the acceptance; and
(3) relate to the Mineral Hill Mine.
(e) Recordation.--Not later than 60 days after the date of
acceptance under subsection (a), the Secretary shall record the
warranty deeds transferring title to the donated land to the Secretary.
(f) Liability.--Except as provided under subsection (d), acceptance
of the donated land by the Secretary under this section does not
relieve the company of any liability or responsibility relating to the
company's ownership of mining operations or other operations on the
donated land.
SEC. 6. ADMINISTRATION.
(a) In General.--The Secretary shall manage the donated land as
part of the National Forest System.
(b) Applicable Law.--
(1) In general.--Except as provided in paragraph (2), the
donated land shall be subject to the law (including
regulations) applicable to the National Forest System.
(2) Exception.--The donated land shall not be subject to
location and entry under the mining laws of the United States.
(c) Land Management Planning.--The Secretary shall manage the
donated land--
(1) until the date on which the Secretary approves a
revised version of the Forest Plan that addresses the addition
of the donated land--
(A) in accordance with the Forest Plan in effect on
the date of enactment of this Act; and
(B) consistent with the management of National
Forest System land that is adjacent to the donated
land; and
(2) after the date on which the revised Forest Plan is
approved under paragraph (1), in accordance with the revised
Forest Plan.
(d) Donations.--The Secretary may solicit and accept donations from
public and private agencies, educational institutions, corporations,
organizations, and individuals for the purpose of carrying out this
Act.
(e) Buildings, Structures, and Other Features.--
(1) In general.--The Secretary may retain, restore,
maintain, manage, and interpret buildings, structures, and
other features on the donated land in existence on the date of
enactment of this Act in accordance with--
(A) applicable law; and
(B) as the Secretary determines to be appropriate,
the study entitled ``Architectural Assessment
Recommendations & Costs of Historic Structures: Mineral
Hill Mine, Jardine, Montana'', dated October 2000 and
revised January 2001, and prepared by A&E Architects,
P.C., of Missoula, Montana.
(2) Removal.--
(A) In general.--The Secretary may remove any
building, structure, or other feature on the donated
land that is not selected for retention, restoration,
maintenance, management, or interpretation under
paragraph (1).
(B) Other laws not applicable.--In removing a
building, structure, or other feature under
subparagraph (A), the Secretary shall not be required--
(i) to conduct any assessments in addition
to the study under paragraph (1)(B); or
(ii) to comply with any other law
(including regulations).
(3) Effect.--Nothing in this subsection restricts the
authority of the Secretary to manage or dispose of Federal
property.
(f) Cemetery Site.--
(1) In general.--The Secretary shall allow access to the
cemetery located on the donated land for the purposes of
visitation, upkeep, and maintenance.
(2) New burials.--The Secretary, or a unit of local
government or cemetery association to which the cemetery site
is conveyed under paragraph (3), shall not allow any burials at
the cemetery site after the date of enactment of this Act.
(3) Conveyance.--The Secretary may convey to a unit of
local government or cemetery association the cemetery site,
without consideration and subject to any terms and conditions
that the Secretary may require, for perpetual operation and
maintenance of the site as a cemetery.
SEC. 7. MINERAL HILL HISTORIC MINING DISTRICT FUND.
(a) Establishment.--There is established in the Treasury of the
United States an account to be known as the ``Mineral Hill Historic
Mining District Fund'', consisting of--
(1) such amounts as are appropriated to the Fund under
subsection (b);
(2) such amounts as are appropriated to the Fund under
section 8; and
(3) any interest earned on investment of amounts in the
Fund under subsection (d).
(b) Transfers to Fund.--
(1) Natural resources receipts.--Notwithstanding any other
provision of law, there are appropriated to the Fund from
amounts collected by the Secretary of the Interior as fees and
receipts from oil, gas, timber, coal, and other natural
resources on all Federal land--
(A) $4,115,000 for fiscal year 2003; and
(B) $365,000 for fiscal year 2004 and each fiscal
year thereafter, adjusted annually to reflect changes
in the Consumer Price Index for All Urban Consumers
published by the Department of Labor.
(2) Donations.--There are appropriated to the Fund amounts
equivalent to amounts received in the Treasury under section
6(d).
(c) Expenditures From Fund.
(1) In general.--Subject to paragraph (2), on request by
the Secretary, without further appropriation, the Secretary of
the Treasury shall transfer from the Fund to the Secretary such
amounts as the Secretary determines are necessary to pay--
(A) the costs of the Secretary associated with
acquiring the donated land under section 5;
(B) the costs of retention, restoration,
maintenance, management, interpretation, or removal of
buildings, structures, and other features on the
donated land under section 6(e);
(C) the costs of response and restoration actions
on the donated land, including costs associated with--
(i) compliance with the substantive
requirements of the post-closure monitoring
plan; and
(ii) operation and maintenance activities
relating to the donated land, as determined to
be appropriate by the Secretary;
(D) in cooperation with Montana Tech of the
University of Montana, the costs of public education
and interpretation of the history and geology of the
donated land, including the mining industry and
community life associated with the donated land;
(E) the costs of grants to, contracts with, and
cooperative agreements with units of Federal, State, or
local government, educational institutions,
corporations, organizations, and individuals for
interpretative, administrative, environmental response,
and environmental restoration activities; and
(F) the insurance deductible under section
5(c)(1)(D)(iv).
(2) Administrative expenses.--An amount not exceeding 10
percent of the amounts in the Fund shall be available in each
fiscal year to pay the administrative expenses necessary to
carry out this Act.
(d) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund that is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(e) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(f) No Deferral or Rescission.--Amounts deposited in the Fund under
this section shall not be subject to deferral or rescission under the
Budget Impoundment and Control Act of 1974 (2 U.S.C. 621 et seq.)
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Mineral Hill Historic Mining District Preservation Act of 2002 - States that all terms and other provisions in the Donation Agreement between TVX Mineral Hill, Inc., and the United States Department of Agriculture, Forest Service, are incorporated in this Act, ratified, and confirmed.Authorizes the Secretary, if certain conditions have been satisfied (including that the company has obtained pollution liability insurance), to accept non-Federal land and associated mineral rights on Federal land located in Gallatin National Forest in the Mineral Hill-Crevice Mountain Mining District in Park County, Montana (the donated land).Requires the Secretary to accept and meet the requirements of permits issued to the company that relate to the Mineral Hill Mine.Prohibits subjecting the donated land to location and entry under the mining laws.Allows access to the cemetery located on the donated land for visitation and maintenance. Prohibits any burials at such site after this Act's enactment. Allows the Secretary to convey such site to a local government or cemetery association for perpetual operation and maintenance.Establishes the Mineral Hill Historic Mining District Fund in the Treasury. Transfers to the Fund specified fees and receipts collected from oil, gas, timber, coal, and other natural resources on all Federal land for FY 2003 and 2004 to pay costs of: (1) acquiring the donated land; (2) restoration, maintenance, management, interpretation, or removal of buildings, structures, and other features; (3) response and restoration actions, (4) public education and interpretation; (5) grants, contracts, and cooperative agreements for interpretive, administrative, environmental response, and environmental restoration activities; and (6) the insurance deductible. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Agriculture to accept the donation of certain land in the Mineral Hill-Crevice Mountain Mining District in the State of Montana, and for other purposes."} | 3,268 | 357 | 0.705244 | 2.489411 | 0.754259 | 4.272152 | 9.844937 | 0.968354 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Targeted Marriage
Tax Penalty Relief Act of 2001''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Section 15 Not To Apply.--No amendment made by section 2 shall
be treated as a change in a rate of tax for purposes of section 15 of
the Internal Revenue Code of 1986 .
SEC. 2. DUAL-EARNER CREDIT.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
(relating to nonrefundable personal credits) is amended by inserting
after section 25A the following new section:
``SEC. 25B. DUAL-EARNER CREDIT.
``(a) Allowance of Credit.--In the case of a joint return under
section 6013, there shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal to the
lesser of the amount determined under subsection (b) or (c) for the
taxable year.
``(b) Amount Under Subsection (b).--For purposes of subsection (a),
the amount under this subsection for any taxable year with respect to a
taxpayer is determined in accordance with the following table:
``Taxable year: Amount:
2002.......................................... $500
2003.......................................... $750
2004.......................................... $1,000
2005 and thereafter........................... $1,500.
``(c) Determination of Amount.--
``(1) In general.--For purposes of subsection (a), the
amount determined under this subsection for any taxable year
with respect to a taxpayer is equal to the excess (if any) of--
``(A) the joint tentative tax of such taxpayer for
such year, over
``(B) the combined tentative tax of such taxpayer
for such year.
``(2) Joint tentative tax.--For purposes of paragraph
(1)(A)--
``(A) In general.--The joint tentative tax of a
taxpayer for any taxable year is equal to the tax
determined in accordance with the table contained in
section 1(a) on the joint tentative taxable income of
the taxpayer for such year.
``(B) Joint tentative taxable income.--For purposes
of subparagraph (A), the joint tentative taxable income
of a taxpayer for any taxable year is equal to the
excess of--
``(i) the earned income (as defined in
section 32(c)(2)), and any taxable income
received as a pension or annuity which arises
from an employer-employee relationship
(including any social security benefit (as
defined in section 86(d)(1)), of such taxpayer
for such year, over
``(ii) the sum of--
``(I) either--
``(aa) the standard
deduction determined under
section 63(c)(2)(A)(i) for such
taxpayer for such year, or
``(bb) in the case of an
election under section 63(e),
the total itemized deductions
determined under section 63(d)
for such taxpayer for such
year, and
``(II) the total exemption amount
for such taxpayer for such year
determined under section 151.
``(3) Combined tentative tax.--For purposes of paragraph
(1)(A)--
``(A) In general.--The combined tentative tax of a
taxpayer for any taxable year is equal to the sum of
the taxes determined in accordance with the table
contained in section 1(c) on the individual tentative
taxable income of each spouse for such year.
``(B) Individual tentative taxable income.--For
purposes of subparagraph (A), the individual tentative
taxable income of a spouse for any taxable year is
equal to the excess of--
``(i) the earned income (as defined in
section 32(c)(2)), and any taxable income
received as a pension or annuity which arises
from an employer-employee relationship
(including any social security benefit (as
defined in section 86(d)(1)), of such spouse
for such year, over
``(ii) the sum of--
``(I) either--
``(aa) the standard
deduction determined under
section 63(c)(2)(C) for such
spouse for such year, or
``(bb) in the case of an
election under section 63(e),
one-half of the total itemized
deductions determined under
paragraph (2)(B)(ii)(I)(bb) for
such spouse for such year, and
``(II) one-half of the total
exemption amount determined under
paragraph (2)(B)(ii)(II) for such
year.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 is amended by inserting after the
item relating to section 25A the following new item:
``Sec. 25B. Dual-earner credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 3. MARRIAGE PENALTY RELIEF FOR EARNED INCOME CREDIT.
(a) Reduced Phaseout Percentage.--Section 32(b)(1) (relating to
percentages) is amended--
(1) by striking ``Percentages.--The credit'' and all that
follows through ``1995:'' in subparagraph (A) thereof and
inserting ``Percentages.--
``(A) In general.--Subject to subparagraph (B), the
credit percentage and the phaseout percentage shall be
determined as follows:'', and
(2) by striking subparagraphs (B) and (C) and inserting the
following new subparagraph:
``(B) Joint returns.--In the case of a joint return
filed by an eligible individual and such individual's
spouse, the earned income of each of whom exceeds the
exemption amount under section 151, the phaseout
percentage determined under subparagraph (A)--
``(i) in the case of an eligible individual
with 1 qualifying child shall be decreased by
2.33 percentage points, and
``(ii) in the case of an eligible
individual with 2 or more qualifying children
shall be decreased by 2.51 percentage
points.''.
(b) Increased Phaseout Amount.--Section 32(b)(2) (relating to
amounts) is amended--
(1) by striking ``Amounts.--The earned'' and inserting
``Amounts.--
``(A) In general.--Subject to subparagraph (B), the
earned'', and
(2) by adding at the end the following new subparagraph:
``(B) Joint returns.--In the case of a joint return
filed by an eligible individual and such individual's
spouse, the earned income of each of whom exceeds the
exemption amount under section 151, the phaseout amount
determined under subparagraph (A) shall be increased by
$2,500.''.
(c) Inflation Adjustment.--Paragraph (1)(B) of section 32(j)
(relating to inflation adjustments) is amended to read as follows:
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined--
``(i) in the case of amounts in subsections
(b)(2)(A) and (i)(1), by substituting `calendar
year 1995' for `calendar year 1992' in
subparagraph (B) thereof, and
``(ii) in the case of the $2,500 amount in
subsection (b)(2)(B), by substituting `calendar
year 2001' for `calendar year 1992' in
subparagraph (B) of such section 1.''.
(d) Rounding.--Section 32(j)(2)(A) (relating to rounding) is
amended by striking ``subsection (b)(2)'' and inserting ``subsection
(b)(2)(A) (after being increased under subparagraph (B) thereof)''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Targeted Marriage Tax Penalty Relief Act of 2001 - Amends the Internal Revenue Code to allow, on joint returns, a limited credit.Provides for a decreased phaseout percentage of the earned income credit (thereby increasing the benefits of such credit) for individuals with qualifying children. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to reduce the marriage penalty by providing a nonrefundable dual-earner credit and adjustment to the earned income credit."} | 1,960 | 64 | 0.489033 | 1.062005 | 0.429944 | 2.078431 | 32.333333 | 0.823529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Success for Veterans on
Campus Act of 2008''.
SEC. 2. CENTERS OF EXCELLENCE FOR VETERAN STUDENT SUCCESS.
Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et
seq.) is amended by adding at the end the following new part:
``PART F--CENTERS OF EXCELLENCE FOR VETERAN STUDENT SUCCESS
``SEC. 781. MODEL PROGRAMS FOR CENTERS OF EXCELLENCE FOR VETERAN
STUDENT SUCCESS.
``(a) Purpose.--It is the purpose of this section to encourage
model programs to support veteran student success in postsecondary
education by coordinating services to address the academic, financial,
physical, and social needs of veteran students.
``(b) Grants Authorized.--
``(1) In general.--Subject to the availability of
appropriations under subsection (f), the Secretary shall award
grants to institutions of higher education to develop model
programs to support veteran student success in postsecondary
education.
``(2) Grant period.--A grant awarded under this section
shall be awarded for a period of 3 years.
``(c) Use of Grants.--
``(1) Required activities.--An institution of higher
education receiving a grant under this section shall use such
grant to carry out a model program that includes--
``(A) establishing of a Center of Excellence for
Veteran Student Success on the campus of the
institution to provide a single point of contact to
coordinate comprehensive support services for veteran
students;
``(B) establishing a veteran students support team,
including representatives from the offices of the
institution responsible for admissions, registration,
financial aid, veterans benefits, academic advising,
student health, personal or mental health counseling,
career advising, disabilities services, and any other
office of the institution that provides support to
veteran students on campus;
``(C) providing a full-time or part-time
coordinator whose primary responsibility is to
coordinate the model program carried out under this
section;
``(D) monitoring the rates of veteran student
enrollment, persistence, and completion; and
``(E) developing a plan to sustain the Center of
Excellence for Veteran Student Success after the grant
period.
``(2) Other authorized activities.--An institution of
higher education receiving a grant under this section may use
such grant to carry out any of the following activities with
respect to veteran students:
``(A) Outreach and recruitment of such students.
``(B) Supportive instructional services for such
students, which may include--
``(i) personal, academic, and career
counseling, as an on-going part of the program;
``(ii) tutoring and academic skill-building
instruction assistance, as needed; and
``(iii) assistance with special admissions
and transfer of credit from previous
postsecondary education or experience.
``(C) Assistance in obtaining student financial
aid.
``(D) Housing support for students living in
institutional facilities and commuting students.
``(E) Cultural events, academic programs,
orientation programs, and other activities designed to
ease the transition to campus life for such students.
``(F) Support for veteran student organizations and
veteran student support groups on campus.
``(G) Coordination of academic advising and
admissions counseling with military bases and national
guard units in the area.
``(H) Other support services the institution
determines to be necessary to ensure the success of
such students in achieving their educational and career
goals.
``(d) Application; Selection.--
``(1) Application.--To be considered for a grant under this
section, an institution of higher education shall submit to the
Secretary an application at such time, in such manner, and
accompanied by such information as the Secretary may require.
``(2) Selection considerations.--In awarding grants under
this section, the Secretary shall consider--
``(A) the number of veteran students enrolled at an
institution of higher education; and
``(B) the need for model programs to address the
needs of veteran students at a wide range of
institutions of higher education, including the need to
provide--
``(i) an equitable distribution of such
grants to institutions of higher education of
various types and sizes;
``(ii) an equitable geographic distribution
of such grants; and
``(iii) an equitable distribution of such
grants among rural and urban areas.
``(e) Evaluation and Accountability Plan.--The Secretary shall
develop an evaluation and accountability plan for model programs funded
under this section to objectively measure the impact of such programs,
including a measure of whether postsecondary education enrollment,
persistence, and completion for veterans increases as a result of such
programs.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part such sums as may be necessary for
fiscal year 2009 and each of the 4 succeeding fiscal years.''. | Securing Success for Veterans on Campus Act of 2008 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award three-year grants to institutions of higher education to develop model programs that require each grantee to establish a campus Center of Excellence for Veteran Student Success that provides a single point of contact for the coordination of comprehensive support services for students who are veterans.
Requires the Secretary to develop an evaluation and accountability plan for measuring the effect such programs have on veterans' success in postsecondary education. | {"src": "billsum_train", "title": "To encourage model programs to support veteran student success in postsecondary education by coordinating services to address the academic, financial, physical, and social needs of veteran students."} | 1,118 | 112 | 0.67001 | 1.601863 | 1.404391 | 3.292929 | 10.585859 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Care Assessment and
Improvement Act of 2013''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) Critical care medicine is the care for patients whose
illnesses or injuries present a significant danger to life,
limb, or organ function and require comprehensive care and
constant monitoring, usually in intensive care units (ICUs).
(2) Each year, approximately five million Americans are
admitted into adult medical, surgical, pediatric, or neonatal
ICUs.
(3) Critical care medicine encompasses a wide array of
diseases and health issues. The care provided in the ICU is
highly specialized and complex due to the extreme severity of
illness of its patient population, often involving multiple
disease processes in different organ systems at the same time.
(4) Critical care medicine consumes a significant amount of
financial resources, accounting for more than 17 percent of all
hospital costs.
(5) According to a recent study published in the Journal of
Critical Care Medicine, despite the fact that cancer care and
critical care place similar economic burdens on society,
proportionally 3.1 to 11.4 times more research money was spent
on cancer care research than critical care research.
(6) According to a 2006 report by the Health Resources and
Services Administration (``HRSA''), demand in the United States
for critical care medical services is on the rise, due in part
to the growing elderly population, as individuals over the age
of 65 consume a large percentage of critical care services.
(7) The HRSA report also found that the growing aging
population will further exacerbate an existing shortage of
intensivists, the physicians certified in critical care who
primarily deliver care in intensive care units, potentially
compromising the quality and availability of care. Today,
intensivist-led teams treat only one-third of critically ill
patients despite substantial evidence that these teams lead to
improved outcomes.
(8) Ensuring the strength of our critical care medical
delivery infrastructure is integral to the improvement of the
quality and delivery of health care in the United States.
(b) Purpose.--The purpose of this Act is to assess the current
state of the United States critical care medical delivery system and
implement policies to improve the quality and effectiveness of care
delivered to the critically ill and injured.
SEC. 3. STUDIES ON CRITICAL CARE.
(a) Institute of Medicine Study.--
(1) In general.--The Secretary of Health and Human Services
(in this Act referred to as the ``Secretary'') shall enter into
an agreement with the Institute of Medicine under which, not
later than 1 year after the date of the enactment of this Act,
the Institute will--
(A) conduct an analysis of the current state of
critical care health services in the United States;
(B) develop recommendations to bolster critical
care capabilities to meet future demand; and
(C) submit to Congress a report including the
analysis and recommendations under subparagraphs (A)
and (B).
(2) Issues to be studied.--The agreement under paragraph
(1) shall, at a minimum, provide for the following:
(A) Analysis of the current critical care system in
the United States, including--
(i) the system's capacity and resources,
including the size of the critical care
workforce and the availability of health
information technology and medical equipment;
(ii) the system's strengths, limitations,
and future challenges; and
(iii) the system's ability to provide
adequate care for the critically ill or injured
in response to a national health emergency,
including a pandemic or natural disaster.
(B) Analysis and recommendations regarding
regionalizing critical care systems.
(C) Analysis regarding the status of critical care
research in the United States and recommendations for
future research priorities.
(b) Health Resources and Services Administration Study.--
(1) In general.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, shall review and update the Administration's
2006 study entitled ``The Critical Care Workforce: A Study of
the Supply and Demand for Critical Care Physicians''.
(2) Scope.--In carrying out paragraph (1), the Secretary
shall expand the scope of the study to address the supply and
demand of other providers within the spectrum of critical care
delivery, including critical care nurses, mid-level providers
(such as physician assistants and nurse practitioners),
intensive care unit pharmacists, and intensive care unit
respiratory care practitioners.
SEC. 4. NIH CRITICAL CARE COORDINATING COUNCIL.
(a) Establishment.--The Secretary, acting through the Director of
the National Institutes of Health, shall establish a council within the
Institutes to be known as the Critical Care Coordinating Council (in
this section referred to as the ``Council'').
(b) Membership.--The Secretary shall ensure that the membership of
the Council includes representatives of each of--
(1) the National Heart, Lung, and Blood Institute;
(2) the National Institute of Nursing Research;
(3) the Eunice Kennedy Shriver National Institute of Child
Health and Human Development;
(4) the National Institute of General Medical Sciences;
(5) the National Institute on Aging; and
(6) any other national research institute or national
center of the National Institutes of Health that the Secretary
deems appropriate.
(c) Duties.--The Council shall--
(1) serve as the focal point and catalyst across the
National Institutes of Health for advancing research and
research training in the critical care setting;
(2) coordinate funding opportunities that involve multiple
national research institutes or national centers of the
National Institutes of Health;
(3) catalyze the development of new funding opportunities;
(4) inform investigators about funding opportunities in
their areas of interest;
(5) represent the National Institutes of Health in
Government-wide efforts to improve the Nation's critical care
system;
(6) coordinate the collection and analysis of information
on current research of the National Institutes of Health
relating to the care of the critically ill and injured and
identify gaps in such research;
(7) provide an annual report to the Director on the
National Institutes of Health regarding research efforts of the
Institutes relating to the care of the critically ill and
injured; and
(8) make recommendations in each such report on how to
strengthen partnerships within the National Institutes of
Health and between the Institutes and public and private
entities to expand collaborative, cross-cutting research.
SEC. 5. CENTERS FOR MEDICARE AND MEDICAID INNOVATION CRITICAL CARE
DEMONSTRATION PROJECT.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary, acting through the Center for
Medicare and Medicaid Innovation created under section 1115A of the
Social Security Act (42 U.S.C. 1315a), shall carry out a demonstration
project designed to improve the quality and efficiency of care provided
to critically ill and injured patients receiving critical care in
intensive care units or other areas of acute care hospitals.
(b) Activities Under Demonstration Project.--The activities
conducted under the demonstration project under subsection (a) may, in
addition to any other activity specified by the Center for Medicare and
Medicaid Innovation, include activities that seek to--
(1) improve the coordination and transitions of care to and
from an intensive care unit and the next point of care;
(2) incorporate value-based purchasing methodologies; or
novel informatics, monitoring or other methodologies to
eliminate error, improve outcomes, and reduce waste from the
delivery of critical care;
(3) improve prediction models that help health care
providers and hospitals identify patients at high risk for
requiring critical care services and streamline care delivery
to prevent unexpected hospital readmissions for critical
illnesses; and
(4) utilize bundled payment approaches and incentive care
redesign, such as efforts to facilitate and support
comprehensive team delivered care. | Critical Care Assessment and Improvement Act of 2013 - Requires studies on critical care health services in the United States by the Institute of Medicine and the Health Resources and Services Administration of the Department of Health and Human Services (HHS). Directs the HHS Secretary, acting through the Director of the National Institutes of Health (NIH), to establish the Critical Care Coordinating Council to coordinate the collection and analysis of information on current NIH research relating to the care of the critically ill and injured, identify gaps in such research, and make recommendations to the Director of NIH on how to improve such research. Directs the Secretary, acting through the Center for Medicare and Medicaid Innovation, to carry out a demonstration project to improve the quality and efficiency of care provided to critically ill and injured patients receiving care in acute care hospitals. | {"src": "billsum_train", "title": "Critical Care Assessment and Improvement Act of 2013"} | 1,678 | 180 | 0.492389 | 1.439242 | 0.671984 | 4.716129 | 10.567742 | 0.96129 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Collaborative Forest Health Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``at-risk community'' means--
(A) an urban wildland ``interface'' or ``intermix''
community as those terms were defined by the
Secretaries on January 4, 2001 (66 FR 753), or
(B) consisting of a collection of homes or other
structures with basic infrastructure and services, such
as utilities, collectively maintained transportation
routes, and emergency services;
(i) on which conditions are conducive to
large-scale fire disturbance events; and
(ii) for which a significant risk exists of
a resulting spread of the fire disturbance
event, after ignition, which would threaten
human life and property.
(2) The term ``community protection zone'' means an at-risk
community and an area within one-half mile of an at-risk
community.
(3) The term ``Secretaries'' means the Secretary of
Agriculture with respect to National Forest System lands and
the Secretary of the Interior with respect to public lands
administered by the Bureau of Land Management.
(4) The term ``1890 Institution'' means a college or
university eligible to receive funds under the Act of August
30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee University.
(5) The term ``Federal lands'' means public lands as
defined in section 103(e) of the Federal Land Policy and
Management Act (43 U.S.C. 1702(e)) and the National Forest
System as defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act (16 U.S.C. 1609(a)).
SEC. 3. EXPEDITED PLANNING AND IMPLEMENTATION PROCESS.
(a) Categorical Exclusion.--Subject to subsection (h), the
Secretaries may find that a proposed hazardous fuels reduction project,
including prescribed fire, that removes no more than 250,000 board feet
of merchantable wood products or removes as salvage 1,000,000 board
feet or less of merchantable wood products and assures regeneration of
harvested or salvaged areas will not individually or cumulatively have
a significant effect on the human environment and, therefore, neither
an environmental assessment nor an environmental impact statement is
required.
(b) Public Meeting.--Prior to implementing a project pursuant to
subsection (a), the Secretaries shall conduct a public meeting at an
appropriate location proximate to the administrative unit of the
Federal lands in which the project will be conducted. The Secretaries
shall provide advance notice of the date and time of the meeting.
(c) Collaboration.--
(1) The Secretaries shall identify projects implemented
pursuant to this section through a collaborative framework as
described in the Implementation Plan for the 10-year
Comprehensive Strategy for a Collaborative Approach for
Reducing Wildland Fire Risks to Communities and the
Environment, dated May 2002, developed pursuant to the
Conference Report to the Department of the Interior and Related
Agencies Appropriations Act, FY 2001 (H. Rept. 106-646) to
reduce hazardous fuels. Any project carried out pursuant to
this section shall be consistent with the applicable forest
plan, resource management plan, or other applicable agency
plans.
(2) The Secretaries shall ensure that local level
collaboration includes Tribal representatives, local
representatives from Federal and State agencies, local
governments, landowners, other stakeholders, and community-
based groups.
(3) The Secretaries shall establish incentives or
performance measures to ensure that Federal employees are
committed to collaboration.
(d) Acreage Limitation.--In implementing this section, the
Secretaries shall implement projects on an aggregate area of not more
than 20 million acres of Federal lands. This amount is in addition to
the existing hazardous fuels reduction program that implements projects
on approximately 2.5 million acres each year.
(e) Administrative Appeals.--Projects implemented pursuant to this
section shall not be subject to the appeal requirements of section 322
of the Department of the Interior and Related Agencies Appropriations
Act, 1993 (16 U.S.C. 1612 note) or review by the Department of the
Interior Board of Land Appeals. Nothing in this section affects
projects for which scoping has begun prior to enactment of this Act.
(f) Conclusive Presumption.--Within--
(1) the community protection zone; or
(2) municipal watersheds in which National Environmental
Policy Act documentation and analysis has been completed and no
new road construction is allowed, no timber sales are allowed,
and no log skidding machines are allowed,
unless there are extraordinary circumstances, the decision of either
Secretary that a proposed hazardous fuels reduction project authorized
by subsection (a) is categorically excluded is conclusive as a matter
of law and shall not be subject to judicial review. This conclusive
determination shall apply in any judicial proceeding brought to enforce
the National Environmental Policy Act pursuant to this section.
(g) Excluded Federal Lands.--This section does not apply to any
Federal lands--
(1) included in a wilderness study area or a component of
the National Wilderness Preservation System; or
(2) where logging is prohibited or restricted by an Act of
Congress, presidential proclamation, or agency determination.
(h) Extraordinary Circumstances.--For all projects proposed
pursuant to this section, if there are extraordinary circumstances, the
Secretaries shall follow agency procedures related to categorical
exclusions and extraordinary circumstances consistent with Council on
Environmental Quality regulations.
(i) Reduce Fire Risk and Improve Forest Health.--
(1) In order to ensure that the agencies are implementing
projects pursuant to this section that reduce the risk of
unnaturally intense wildfires and improve forest health, the
Secretaries--
(A) shall not construct or reconstruct new
temporary or permanent roads in inventoried roadless
areas;
(B) shall maintain the integrity of mature and old
growth stands appropriate for each ecosystem type and
shall focus on thinning from below for all forest
thinning projects;
(C) shall use integrated pest management techniques
to forestall significant fuel loading in areas infested
by native insects;
(D) shall require a slash treatment plan when
thinning to reduce hazardous fuels in areas with insect
mortality and limit timber salvage activity to areas
with fifty percent or more mortality; and
(E) shall deposit in the Treasury of the United
States all revenues and receipts generated from
projects implemented pursuant to this Act.
(2) In addition to the requirements set forth in paragraph
(1), the Secretaries shall ensure that projects implemented in
municipal watersheds protect or enhance water quality or water
quantity.
(3) The Secretaries shall not use goods-for-service
contracting to implement projects pursuant to this section.
(j) Long-Term Fuel Management.--In implementing hazardous fuels
reduction projects pursuant to this section, the Secretaries shall
ensure that--
(1) funding to assure completion of all phases of the
project be committed by the management unit before the project
begins;
(2) a follow-up treatment plan describing the long-term
maintenance activities to keep the treated areas within the
historical range of variability, and the project costs, shall
accompany all proposed projects; and
(3) a system to track the budgeting and implementation of
follow-up treatments shall be used to account for the long-term
maintenance of areas managed to reduce hazardous fuels.
(k) Hazardous Fuels Reduction Funding Focus.--In order to focus
hazardous fuels reduction activities on the highest priority areas
where critical issues of human safety and property loss are the most
serious and within municipal watersheds, the Secretaries shall expend
at least seventy percent of the hazardous fuels operations funds
provided annually only on projects within the community protection zone
or within municipal watersheds.
(l) Communities.--
(1) The Secretaries shall expend at least thirty percent of
the hazardous fuels operations funds provided annually on
projects that benefit small businesses that use small diameter
material and woody debris removed in hazardous fuels reduction
treatments and are located in small, economically disadvantaged
communities.
(2) To conduct a project under this section, the
Secretaries shall use local preference contracting and best
value contracting. Best value contracting criteria includes--
(A) the ability of the contractor to meet the
ecological goals of the projects;
(B) the use of equipment that will minimize or
eliminate impacts on soils; and
(C) benefits to local communities such as ensuring
that the byproducts are processed locally.
(m) Monitoring.--
(1) The Secretaries shall jointly establish a commission to
complete an assessment of the positive or negative impacts and
effectiveness of projects implemented under this section. The
commission shall be composed of 12 to 15 members with equal
representation from conservation interests, local communities,
and commodity interests. The Commission shall submit a report
to Congress within 36 months after the date of enactment of
this Act. The report must include identification of the total
dollar value of contracts awarded to natural resource related
small or micro-enterprises, Youth Conservation Corps crews or
related partnerships, entities that hired and trained local
people to complete the contract or agreement, or local entities
that meet the criteria to qualify for the Historically
Underutilized Business Zone Program pursuant to section 32 of
the Small Business Act (15 U.S.C. 657a).
(2)(A) The Secretaries shall establish a multiparty
monitoring, evaluation, and accountability process in order to
assess a representative sampling of the projects implemented
pursuant to this section.
(B) The Secretaries shall ensure that monitoring data is
collected and compiled in a way that the general public can
easily access. The Secretaries may collect the data using
cooperative agreements, grants, or contracts with small or
micro-enterprises, Youth Conservation Corps work crews or
related partnerships with State, local, and other non-Federal
conservation corps.
(3) Funds to implement this section shall be derived from
hazardous fuels operations funds.
(n) Sunset.--The provisions of this section shall expire five years
after the date of enactment of this Act, except that a project for
which a decision notice, or memorandum in the case of a categorical
exclusion, has been issued before the end of such period may continue
to be implemented using the provisions of this Act.
SEC. 4. INSECT INFESTATIONS.
(a) During fiscal years 2004 and 2008, the Secretaries jointly
shall make available from funds otherwise available in the Treasury,
without further appropriation, $25,000,000 each fiscal year to conduct
a systematic information gathering program on certain insect types that
have caused large-scale damage to forest ecosystems in order to
complete research that can be applied to forest management treatment
and product utilization.
(b) The Secretaries shall establish and carry out the program in
cooperation with scientists from universities and forestry schools,
State agencies, and private and industrial land owners. The Secretaries
shall designate universities and forestry schools, including Land Grant
Colleges and Universities and 1890 institutions, to carry out the
program.
(c) The Secretaries shall ensure that the program includes research
on--
(1) determining how to best use mechanical thinning and
prescribed fire to modify fire behavior and reduce fire risk,
and to improve the scientific basis for design, implementation
and evaluation of hazardous fuels reduction treatments;
(2) gathering systematic information on insect types,
including Emerald Ash Borers, Gypsy Moth, Red Oak Borers, Asian
Longhorned Beetles, and Bark Beetles, that have caused large-
scale damage to forest ecosystems, to establish early detection
programs for insect and disease infestation in order to prevent
massive breakouts, to determine the correlation between insect
mortality and fire risk in specific forest types, and to test
silvicultural systems that use integrated pest management; and
(3) developing new technologies and markets for value-added
products that use the byproducts of insect infestation or
hazardous fuels reduction treatments.
SEC. 5. FIREFIGHTER SAFETY AND TRAINING.
The Secretaries shall track funds expended for firefighter safety
and training and including a line item for such expenditures in future
budget requests.
SEC. 6. BORROWING AUTHORITY FOR FIRE SUPPRESSION.
(a) The Secretary of Agriculture may request up to $250 million in
a fiscal year from the Secretary of the Treasury to cover fire
suppression costs that exceed the amount of funding available to the
Forest Service for fire suppression in a fiscal year.
(b) Upon such request, the Secretary of the Treasury shall make
such sums available to the Secretary of Agriculture, without further
appropriation.
(c) Upon amounts being appropriated by Congress to reimburse funds
transferred to the Secretary of Agriculture pursuant to this section,
such amounts shall be deposited in the Treasury.
SEC. 7. PROHIBITION ON THE COMPETITIVE SOURCING INITIATIVE.
The Competitive Sourcing Initiative and the Office of Management
and Budget Circular No. A-76, dated May 29, 2003, shall not apply to
the Forest Service.
SEC. 8. WILDFIRE RISK REDUCTION AND BURNED AREA RESTORATION.
(a) In General.--During fiscal years 2004 through 2008, the
Secretaries jointly shall make available from funds otherwise available
in the Treasury, without further appropriation, $100,000,000 each
fiscal year to reduce the risk of wildfire to structures and restore
burned areas on tribal lands, nonindustrial private lands, and State
lands using the authorities available pursuant to this section, the
National Fire Plan and the Emergency Watershed Protection program.
(b) Cost Share Grants.--In implementing this section, the
Secretaries may make cost-share grants to Indian tribes, local fire
districts, municipalities, homeowner associations, and counties, to
remove, transport, and dispose of hazardous fuels around homes and
property to--
(1) prevent structural damage as a result of wildfire, or
(2) to restore or rehabilitate burned areas on non-Federal
lands.
(c) Non-Federal Contribution.--The non-Federal contribution may be
in the form of cash or in-kind contribution.
(d) Priority.--Priority for such funds shall be given to areas
where the applicable local government has enacted ordinances for
wildland areas requiring or promoting brush clearance around homes and
requiring fire-retardant building materials for new construction.
(e) Availability of Funds.--Amounts appropriated in one fiscal year
and unobligated before the end of that fiscal year shall remain
available for use in subsequent fiscal years. | Collaborative Forest Health Act - Permits the Secretaries of Agriculture and the Interior (the Secretaries) to find that a proposed hazardous fuels reduction project that meets certain criteria shall not require an environmental assessment or an environmental impact statement.
Directs the Secretaries to identify projects implemented under this section through a collaborative framework to reduce hazardous fuels. Sets a limit of 20 million acres for projects implemented under this section (not including the existing hazardous fuels reduction program).
Prohibits, except in extraordinary circumstances, timber sales and log skidding machines in at-risk communities and the nearby vicinities and in certain municipal watersheds.
Excludes the provisions of this Act relating to expedited planning and implementation from applying to certain Federal lands.
Directs the Secretaries to take certain actions to ensure that the agencies are implementing projects pursuant to this Act that reduce the risk of unnaturally intense wildfires and improve forest health.
Directs the Secretaries to expend at least 70 percent of the hazardous fuels operations funds provided annually only on projects in at-risk communities and nearby vicinities or within municipal watersheds.
Directs the Secretaries to jointly: (1) establish a commission to complete an assessment of the positive or negative impacts and effectiveness of projects implemented under this section; (2) earmark funds for the conduct of a systematic information gathering program on certain insect types that have caused large-scale damage to forest ecosystems; and (3) disburse funds to reduce the risk of wildfire to structures and restore burned areas on tribal lands.
Allows the Secretaries to make cost-share grants to various entities for the removal, transport, and disposal of hazardous fuels around homes and properties. | {"src": "billsum_train", "title": "A bill to expedite procedures for hazardous fuels reduction activities on National Forest System lands established from the public domain and other public lands administered by the Bureau of Land Management, to improve the health of National Forest System lands established from the public domain and other public lands administered by the Bureau of Land Management, and for other purposes."} | 3,166 | 363 | 0.506703 | 1.531286 | 1.022501 | 4.05414 | 9.245223 | 0.920382 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible and Effective Solutions
for Children Using and Entering Online Services Act of 2007''.
SEC. 2. DATA RELATING TO CRIMES OF CHILD EXPLOITATION.
Section 227(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13032(b)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Contents of report.--
``(A) A provider of electronic communication
services or remote computing services described in
paragraph (1) who makes a report under that paragraph
shall, to the extent possible, include in such report
information related to the facts and circumstances of
such report that is reasonably available to the
provider, and that the provider considers to be
reliable information, which may include--
``(i) any identifying information of the
person who is the subject of the report,
including--
``(I) a user identification or
other online identifier;
``(II) an electronic mail address;
``(III) a website address; or
``(IV) a uniform resource locator;
``(ii) information pertaining to the
geographic location of the person, website, or
URL involved in the alleged incident, which may
include--
``(I) street address;
``(II) telephone number;
``(III) area code;
``(IV) ZIP code; or
``(V) Internet Protocol address;
``(iii) any image of apparent child
pornography that is the subject of the report;
``(iv) the dates and times of the incident
of apparent child pornography, which may
include when images were uploaded, transmitted,
reported, or discovered; and
``(v) if not registered with the National
Center for Missing and Exploited Children,
accurate contact information for such provider,
including address, telephone number, facsimile
number, electronic mail address, and an
individual point of contact for such provider.
``(B) A provider of electronic communication
services or remote computing services who makes a
report under paragraph (1) and provides information in
good faith compliance shall not be considered in
violation of this section.'';
(3) by amending paragraph (4) (as so redesignated by
paragraph (1) of this subsection) to read as follows:
``(4) State, local, and international referrals.--In
addition to forwarding such reports to those agencies
designated in paragraph (2), the National Center for Missing
and Exploited Children is authorized to forward any such report
to an appropriate official of a State or subdivision of a State
for the purpose of enforcing State criminal law, or to an
appropriate official of a foreign law enforcement agency that--
``(A) is willing to reciprocally refer such reports
to law enforcement authorities in the United States;
``(B) is a signatory to the Council of Europe
Convention on Cybercrime or a Mutual Legal Assistance
Treaty with the United States;
``(C) has set forth a legal basis to use the
materials for purposes of investigating, or engaging in
enforcement proceedings related to, possible violations
of foreign laws related to child pornography and child
exploitation similar to practices prohibited by
sections 2251, 2251A, 2252, 2252A, 2252B, or 2260 of
title 18, United States Code, involving child
pornography (as defined in section 2256 of that title),
or 1466A of that title;
``(D) has set forth a bona fide legal basis for the
foreign law enforcement agency's authority to maintain
the material in confidence; and
``(E) is not from a foreign state that the
Secretary of State has determined, in accordance with
section 6(i) of the Export Administration Act of 1979
(50 U.S.C. App. 2405(i)), has repeatedly provided
support for acts of international terrorism, unless and
until such determination is rescinded pursuant to
section 6(i)(4) of that Act (50 U.S.C. App.
2405(i)(4)).''; and
(4) by adding at the end the following new paragraph:
``(6) Duty to preserve evidence.--The Attorney General
shall designate necessary staff members, as specified by the
Attorney General, who are assigned to work full-time at the
National Center for Missing and Exploited Children on reports
of child pornography to have responsibility for issuing
preservation requests under section 2703(f) of title 18, United
States Code, to a provider of electronic communication services
or remote computing services to preserve any records or other
information related to the facts or circumstances used by such
provider to make a report under paragraph (1) which has been
referred for investigation to an Internet Crimes Against
Children Task Force in the jurisdiction of such law enfocement
agency. Such preservation request may be issued related to--
``(A) a report to the Cyber Tip Line made by a
provider of electronic communication services or remote
computing services pursuant to paragraph (1); or
``(B) a report to the Cyber Tip Line made by a
member of the public or a provider of electronic
communication services or remote computing services, if
the circumstances are such that the provider of
electronic communication services or remote computing
services reasonably believes that an emergency
involving the immediate danger or serious physical
injury to any child justifies preservation.''.
SEC. 3. ENHANCED IMMUNITY TO ENCOURAGE REPORTING BY PROVIDERS.
Section 227(c) of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13032(c)) is amended to read as follows:
``(c) Limited Liability.--No civil claim or criminal charge may be
brought in Federal or State court against any provider of electronic
communication services or remote computer services on account of any
action taken in good faith by such provider to comply with or pursuant
to this section.''.
SEC. 4. USE OF INFORMATION BY THE NCMEC.
Section 227(f) of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13032(f)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragaph (1) the following new
paragraph:
``(2) Use of information to combat child pornography.--The
National Center for Missing and Exploited Children is
authorized to provide elements relating to any image, including
the image itself, or other relevant information reported to its
Cyber Tipline in accordance with this section, to any provider
of electronic communication services or remote computing
services for the purposes described in subparagraphs (A) and
(B), if such provider provides an assurance that such elements
shall be used by the provider only for the following purposes:
``(A) To permit such provider to stop the further
transmission of child pornography images.
``(B) To develop technologies to prevent and detect
child pornography.
``(C) To develop industry best practices related to
the prevention and detection of child pornography.''.
SEC. 5. ADDITIONAL PROVISIONS.
Section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13032(c)) is further amended by adding at the end the following new
subsections:
``(h) State Preemption.--Any law, regulation, provision, or action
of any State that requires any person to notify another person,
governmental agency, or other entity regarding images of child
pornography or of child sexual exploitation displayed or transmitted on
the Internet, or under which liability is imposed on any person for
failure to notify another person, a governmental agency, or other
entity regarding such images shall be preempted.
``(i) Reports to Congress.--
``(1) Annual report by the attorney general.--The Attorney
General of the United States shall submit to Congress, and make
publicly available on the website of the Department of Justice,
an annual report containing--
``(A) the number of--
``(i) investigations by Federal, State, and
local law enforcement agencies of crimes of
sexual exploitation against children that are
initiated by a report made to the National
Center for Missing and Exploited Children under
subsection (b)(1);
``(ii) prosecutions resulting from
investigations by Federal, State, and local law
enforcement agencies of crimes of sexual
exploitation against children initiated by such
a report;
``(iii) convictions resulting from
prosecutions by Federal, State, and local
authorities of crimes of sexual exploitation
against children initiated by such a report;
and
``(iv) convictions of repeat offenders
initiated by such a report;
``(B) descriptions of sentences given to persons
convicted as a result of investigations initiated by
such a report;
``(C) the length of time between initiation and
completion of investigations, prosecutions, and
convictions initiated by such a report;
``(D) the results of investigation initiated by
such a report, including whether a closed investigation
was reopened, the reasons an investigation was reopened
(if applicable), and the ultimate result of the
investigation.
``(2) Annual verification report by the inspector
general.--The Inspector General of the Department of Justice
shall submit to Congress, and make publicly available on the
website of the Department of Justice, an independent
verification of the report submitted by the Attorney General in
accordance with paragraph (1).''.
SEC. 6. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect
180 days after the date of the enactment of this Act. | Responsible and Effective Solutions for Children Using and Entering Online Services Act of 2007 - Amends the Victims of Child Abuse Act of 1990 to: (1) specify the types of information that providers of electronic communication or remote computing services (providers) should include, if available, in reports of apparent child pornography violations; (2) authorize the National Center for Missing and Exploited Children (NCMEC) to forward provider reports to appropriate state, local, and foreign law enforcement agencies; (3) grant immunity from criminal prosecution (in addition to civil immunity) to providers who comply in good faith with child pornography reporting requirements; (4) authorize NCMEC to provide images of child pornography to providers to assist them in stopping the further transmission of child pornography images and in developing technologies and best practices to prevent and detect child pornography; and (5) preempt state laws that impose notification and liability provisions pertaining to child pornography on the Internet. | {"src": "billsum_train", "title": "To improve the collection and use of data related to crimes of child exploitation, and for other purposes."} | 2,156 | 205 | 0.57143 | 1.583643 | 0.930822 | 2.854749 | 11.296089 | 0.910615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jicarilla Apache Reservation Rural
Water System Act''.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To ensure a safe and adequate rural, municipal, and
water supply and wastewater systems for the residents of the
Jicarilla Apache Reservation in the State of New Mexico in
accordance with Public Law 106-243.
(2) To authorize the Secretary of the Interior, through the
Bureau of Reclamation, in consultation and collaboration with
the Jicarilla Apache Nation--
(A) to plan, design, and construct the water
supply, delivery, and wastewater collection systems on
the Jicarilla Apache Reservation in the State of New
Mexico; and
(B) to include service connections to facilities
within the town of Dulce and the surrounding area, and
to individuals as part of the construction.
(3) To require the Secretary, at the request of the
Jicarilla Apache Nation, to enter into a self-determination
contract with the Jicarilla Apache Nation under title I of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450f et seq.) under which--
(A) the Jicarilla Apache Nation shall plan, design,
and construct the water supply, delivery, and
wastewater collection systems, including service
connections to communities and individuals; and
(B) the Bureau of Reclamation shall provide
technical assistance and oversight responsibility for
said project.
(4) To establish a process in which the Jicarilla Apache
Nation shall assume title and responsibility for the ownership,
operation, maintenance, and replacement of the system.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Act.--The term ``Act'' means the Jicarilla Apache
Reservation Rural Water System Act.
(2) BIA.--The term ``BIA'' means the Bureau of Indian
Affairs, an agency within the Department of the Interior.
(3) Irrigation.--The term ``irrigation'' means the
commercial application of water to land for the purpose of
establishing or maintaining commercial agriculture in order to
produce field crops and vegetables for sale.
(4) Reclamation.--The term ``Reclamation'' means the Bureau
of Reclamation, an agency within the Department of the
Interior.
(5) Report.--The term ``Report'' means the report entitled
``Planning Report/Environmental Assessment, Water and
Wastewater Improvements, Jicarilla Apache Nation, Dulce, New
Mexico'', dated September 2001, which was completed pursuant to
Public Law 106-243.
(6) Reservation.--The term ``Reservation'' means the
Jicarilla Apache Reservation in the State of New Mexico,
including all lands and interests in land that are held in
trust by the United States for the Tribe.
(7) Rural water supply project.--The term ``Rural Water
Supply Project'' means a municipal, domestic, rural, and
industrial water supply and wastewater facility area and
project identified to serve a group of towns, communities,
cities, tribal reservations, or dispersed farmsteads with
access to clean, safe domestic and industrial water, to include
the use of livestock.
(8) State.--The term ``State'' means the State of New
Mexico.
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Reclamation.
(10) Tribe.--The term ``Tribe'' means the Jicarilla Apache
Nation.
SEC. 4. JICARILLA APACHE RESERVATION RURAL WATER SYSTEM.
(a) Construction.--The Secretary, in consultation and collaboration
with the Tribe, shall plan, design, and construct the Rural Water
Supply Project to improve the water supply, delivery, and wastewater
facilities to the town of Dulce, New Mexico, and surrounding
communities for the purpose of providing the benefits of clean, safe,
and reliable water supply, delivery, and wastewater facilities.
(b) Scope of Project.--The Rural Water Supply Project shall consist
of the following:
(1) Facilities to provide water supply, delivery, and
wastewater services for the community of Dulce, the Mundo Ranch
Development, and surrounding areas on the Reservation.
(2) Pumping and treatment facilities located on the
Reservation.
(3) Distribution, collection, and treatment facilities to
serve the needs of the Reservation, including, but not limited
to, construction, replacement, improvement, and repair of
existing water and wastewater systems, including systems owned
by individual tribal members and other residents on the
Reservation.
(4) Appurtenant buildings and access roads.
(5) Necessary property and property rights.
(6) Such other electrical power transmission and
distribution facilities, pipelines, pumping plants, and
facilities as the Secretary deems necessary or appropriate to
meet the water supply, economic, public health, and
environmental needs of the Reservation, including, but not
limited to, water storage tanks, water lines, maintenance
equipment, and other facilities for the Tribe on the
Reservation.
(c) Cost Sharing.--
(1) Tribal share.--Subject to paragraph (3) and subsection
(d), the tribal share of the cost of the Rural Water Supply
Project is comprised of the costs to design and initiate
construction of the wastewater treatment plant, to replace the
diversion structure on the Navajo River, and to construct raw
water settling ponds, a water treatment plant, water storage
plants, a water transmission pipeline, and distribution
pipelines, and has been satisfied.
(2) Federal share.--Subject to paragraph (3) and subsection
(d), the Federal share of the cost of the Rural Water Supply
Project shall be all remaining costs of the project identified
in the Report.
(3) Operation and maintenance.--The Federal share of the
cost of operation and maintenance of the Rural Water Supply
Project shall continue to be available for operation and
maintenance in accordance with the Indian Self-Determination
Act, as set forth in this Act.
(d) Operation, Maintenance, and Replacement After Completion.--Upon
determination by the Secretary that the Rural Water Supply Project is
substantially complete, the Tribe shall assume responsibility for and
liability related to the annual operation, maintenance, and replacement
cost of the project in accordance with this Act and the Operation,
Maintenance, and Replacement Plan under chapter IV of the Report.
SEC. 5. GENERAL AUTHORITY.
The Secretary is authorized to enter into contracts, grants,
cooperative agreements, and other such agreements and to promulgate
such regulations as may be necessary to carry out the purposes and
provisions of this Act and the Indian Self-Determination Act (Public
Law 93-638; 25 U.S.C. 450 et seq.).
SEC. 6. PROJECT REQUIREMENTS.
(a) Plans.--
(1) Project plan.--Not later than 60 days after funds are
made available for this purpose, the Secretary shall prepare a
recommended project plan, which shall include a general map
showing the location of the proposed physical facilities,
conceptual engineering drawings of structures, and general
standards for design for the Rural Water Supply Project.
(2) OM&R plan.--The Tribe shall develop an operation,
maintenance, and replacement plan, which shall provide the
necessary framework to assist the Tribe in establishing rates
and fees for customers of the Rural Water Supply Project.
(b) Construction Manager.--The Secretary, through Reclamation and
in consultation with the Tribe, shall select a project construction
manager to work with the Tribe in the planning, design, and
construction of the Rural Water Supply Project.
(c) Memorandum of Agreement.--The Secretary shall enter into a
memorandum of agreement with the Tribe that commits Reclamation and BIA
to a transition plan that addresses operations and maintenance of the
Rural Water Supply Project while the facilities are under construction
and after completion of construction.
(d) Oversight.--The Secretary shall have oversight responsibility
with the Tribe and its constructing entity and shall incorporate value
engineering analysis as appropriate to the Rural Water Supply Project.
(e) Technical Assistance.--The Secretary shall provide such
technical assistance as may be necessary to the Tribe to plan, develop,
and construct the Rural Water Supply Project, including, but not
limited to, operation and management training.
(f) Service Area.--The service area of the Rural Water Supply
Project shall be within the boundaries of the Reservation.
(g) Other Law.--The planning, design, construction, operation, and
maintenance of the Rural Water Supply Project shall be subject to the
provisions of the Indian Self-Determination Act (25 U.S.C. 450 et
seq.).
(h) Report.--During the year that construction of the Rural Water
Supply Project begins and annually until such construction is
completed, the Secretary, through Reclamation and in consultation with
the Tribe, shall report to Congress on the status of the planning,
design, and construction of the Rural Water Supply Project.
(i) Title.--Title to the Rural Water Supply Project shall be held
in trust for the Tribe by the United States and shall not be
transferred or encumbered without a subsequent Act of Congress.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $45,000,000 (January 2002 dollars) plus or minus such
amounts, if any, as may be justified by reason of changes in
construction costs as indicated by engineering cost indexes applicable
to the types of construction involved for the planning, design, and
construction of the Rural Water Supply Project as generally described
in the Report dated September 2001.
(b) Conditions.--Funds may not be appropriated for the construction
of any project authorized under this Act until after--
(1) an appraisal investigation and a feasibility study have
been completed by the Secretary and the Tribe; and
(2) the Secretary has determined that the plan required by
section 6(a)(2) is completed.
(c) NEPA.--The Secretary shall not obligate funds for construction
until after the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the Rural
Water Supply Project.
SEC. 8. PROHIBITION ON USE OF FUNDS FOR IRRIGATION PURPOSES.
None of the funds made available to the Secretary for planning or
construction of the Rural Water Supply Project may be used to plan or
construct facilities used to supply water for the purposes of
irrigation.
SEC. 9. WATER RIGHTS.
The water rights of the Tribe are part of and included in the
Jicarilla Apache Tribe Water Rights Settlement Act (Public Law 102-
441). These rights are adjudicated under New Mexico State law as a
partial final judgment and decree entered in the Eleventh Judicial
District Court of New Mexico. That Act and decree provide for
sufficient water rights under ``historic and existing uses'' to supply
water for the municipal water system. These water rights are recognized
depletions within the San Juan River basin and no new depletions are
associated with the Rural Water Supply Project. In consultation with
the Fish and Wildlife Service, Reclamation has determined that there
shall be no significant impact to endangered species as a result of
water depletions associated with this project. No other water rights of
the Tribe shall be impacted by the Rural Water Supply Project. | Jicarilla Apache Reservation Rural Water System Act - Directs the Secretary of the Interior, in consultation and collaboration with the Jicarilla Apache Nation (the Tribe), to plan, design, and construct the Rural Water Supply Project to improve water supply, delivery, and wastewater facilities for the town of Dulce, New Mexico, and surrounding communities. Allocates costs between the Federal government and the Tribe.Requires the Tribe to assume annual operation, maintenance, and replacement costs of the project.Requires: (1) the Secretary to prepare a recommended project plan; and (2) the Tribe to develop an operation, maintenance, and replacement plan to assist it in establishing rates and fees for project customers.Requires the Secretary to enter into a memorandum of agreement with the Tribe that commits the Bureaus of Reclamation and of Indian Affairs to a transition plan that addresses project operations and maintenance.Requires the Secretary to oversee project construction and to incorporate value engineering analysis, as appropriate.Requires the Secretary to provide necessary technical assistance to the Tribe for planning, development, and construction of the project, including operation and management training.Authorizes appropriations.Prohibits the use of project funds for irrigation.States that no new depletions of existing Tribal water rights, as set forth in the Jicarilla Apache Tribe Water Rights Settlement Act, are associated with this project. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior, through the Bureau of Reclamation, to construct the Jicarilla Apache Nation Municipal Water Delivery and Wastewater Collection Systems in the State of New Mexico, and for other purposes."} | 2,476 | 309 | 0.685102 | 1.99113 | 0.817865 | 3.716535 | 8.96063 | 0.944882 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lawful Interrogation and Detention
Act''.
SEC. 2. INTELLIGENCE COMMUNITY DEFINED.
In this Act, the term ``intelligence community'' has the meaning
given that term in section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)).
SEC. 3. CLOSURE OF DETENTION FACILITY AT GUANTANAMO BAY.
(a) Requirement To Close.--Not later than 1 year after the date of
the enactment of this Act, the President shall close the detention
facility at Guantanamo Bay, Cuba operated by the Secretary of Defense
and remove all detainees from such facility.
(b) Detainees.--Prior to the date that the President closes the
detention facility at Guantanamo Bay, Cuba, as required by subsection
(a), each individual detained at such facility shall be treated
exclusively through one of the following:
(1) The individual shall be charged with a violation of
United States or international law and transferred to a
military or Federal civilian detention facility in the United
States for further legal proceedings, provided that such a
Federal civilian facility or military facility has received the
highest security rating available for such a facility.
(2) The individual shall be transferred to an international
tribunal operating under the authority of the United Nations
that has jurisdiction to hold a trial of such individual.
(3) The individual shall be transferred to the custody of
the government of the individual's country of citizenship or a
different country, provided that such transfer is consistent
with--
(A) the Convention Against Torture and Other Forms
of Cruel, Inhuman or Degrading Treatment or Punishment
done at New York, December 10, 1984;
(B) all relevant United States law; and
(C) any other international obligation of the
United States.
(4) If the Secretary of Defense and Director of National
Intelligence determine, jointly, that the individual poses no
security threat to the United States and actions cannot be
taken under paragraph (1) or (3), the individual shall be
released from further detention.
(5) The individual shall be held in accordance with the law
of armed conflict.
(c) Reporting Requirements.--
(1) Requirement for report.--Not later than 90 days after
the date of the enactment of this Act, the President shall
submit to Congress a report that describes the President's plan
to implement this section.
(2) Requirement to update.--The President shall keep
Congress fully and currently informed of the steps taken to
implement this section.
(d) Construction.--
(1) Immigration status.--The transfer of an individual
under subsection (b) shall not be considered an entry into the
United States for purposes of immigration status.
(2) No additional detention authority.--Nothing in this
section may be construed as altering or adding to existing
authorities for, or restrictions on, the detention, treatment,
or transfer of individuals in United States custody.
SEC. 4. LIMITATION ON INTERROGATION TECHNIQUES.
No individual in the custody or under the effective control of
personnel of an element of the intelligence community or a contractor
or subcontractor of an element of the intelligence community,
regardless of nationality or physical location of such individual or
personnel, shall be subject to any treatment or technique of
interrogation not authorized by the United States Army Field Manual on
Human Intelligence Collector Operations.
SEC. 5. PROHIBITION ON INTERROGATIONS BY CONTRACTORS.
The Director of the Central Intelligence Agency shall not allow a
contractor or subcontractor to the Central Intelligence Agency to carry
out an interrogation of an individual. Any interrogation carried out on
behalf of the Central Intelligence Agency shall be conducted by an
employee of such Agency.
SEC. 6. NOTIFICATION OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS.
(a) Requirement.--The head of an element of the intelligence
community or a contractor or subcontractor of such element who detains
or has custody or effective control of an individual shall notify the
International Committee of the Red Cross of the detention of the
individual and provide access to such individual in a manner consistent
with the practices of the Armed Forces.
(b) Construction.--Nothing in this section shall be construed--
(1) to create or otherwise imply the authority to detain;
or
(2) to limit or otherwise affect any other rights or
obligations which may arise under the Geneva Conventions, other
international agreements, or other laws, or to state all of the
situations under which notification to and access for the
International Committee of the Red Cross is required or
allowed. | Lawful Interrogation and Detention Act - Directs the President, within one year after the enactment of this Act, to close the detention facility at Guantanamo Bay, Cuba, and remove all detainees held there.
Requires each such detainee to be either: (1) charged with a violation of U.S. or international law and transferred to an appropriate U.S. facility for further legal proceedings; (2) transferred for trial to an international tribunal operating under United Nations (UN) authority; (3) transferred (under certain conditions) to the custody of the government of the individual's country of citizenship or a different country; (4) released; or (5) held in accordance with the law of the armed conflict.
Prohibits an individual in the custody or control of an element of the intelligence community (IC) or contractor or subcontractor thereof, regardless of the individual's nationality or physical location, from being subject to any treatment or technique of interrogation not authorized by the U.S. Army Field Manual on Human Intelligence Collector Operations.
Prohibits the Director of the Central Intelligence Agency (CIA) from allowing a CIA contractor or subcontractor to carry out an interrogation. Requires any interrogation carried out on behalf of the CIA to be conducted only by a CIA employee.
Requires the head of an IC element or a contractor or subcontractor of such element who detains or has custody or control over an individual to notify the International Committee of the Red Cross of such detention, and to provide Red Cross access to such individual in a manner consistent with practices of the Armed Forces. | {"src": "billsum_train", "title": "A bill to require the closure of the detention facility at Guantanamo Bay, Cuba, to limit the use of certain interrogation techniques, to prohibit interrogation by contractors, to require notification of the International Committee of the Red Cross of detainees, and for other purposes."} | 1,049 | 368 | 0.609794 | 1.910851 | 0.807612 | 3.812709 | 3.117057 | 0.90301 |
SECTION 1. FINDINGS.
(a) Findings.--The Congress finds that--
(1) in 1970, Amtrak was created as a 2-year, federally
assisted experiment that was to become an independent and self-
sufficient entity shortly thereafter;
(2) although Amtrak is not a department, agency, or
instrumentality of the Federal Government, it cannot operate
without large, annual Federal subsidies;
(3) while Amtrak carries only .3 percent of all intercity
travelers, it has cost the American taxpayers over
$15,000,000,000 in subsidies since its creation;
(4) Amtrak has been appropriated nearly $1,000,000,000 in
Federal subsidies for fiscal year 1995, and General Accounting
Office estimates show it could require another $10,000,000,000
in subsidies over the next 5 years to remain viable;
(5) the General Accounting Office has concluded that
Amtrak's expenses will continue to increase steadily over the
next few years due to its need to--
(A) renegotiate its operating agreements with the
freight railroads;
(B) renegotiate work rules and labor compensation
with the 14 unions that represent its employees; and
(C) invest in modern locomotives and passenger
cars;
(6) the General Accounting Office has concluded that
Amtrak's financial condition has deteriorated to the point that
its future costs make recovery difficult;
(7) the statutory requirements imposed on Amtrak ensure
that its rail passenger service will be costly, inefficient,
and unable to post a profit; and
(8) the application of the Railway Labor Act and the
Federal Employers' Liability Act to rail passenger service
employees is excessive, costly, and burdensome and should be
reduced to a more realistic level.
(b) Repeal.--Section 24101 of title 49, United States Code, and the
item relating thereto in the table of sections of chapter 241 of such
title, are repealed.
SEC. 2. DEFINITIONS.
Section 24102 of such title is amended--
(1) by striking paragraphs (1), (2), (3), (6), (7), (10),
and (11); and
(2) by redesignating paragraphs (4), (5), (8), and (9) as
paragraphs (1), (2), (3), and (4), respectively.
SEC. 3. ENFORCEMENT.
Section 24103 of such title is amended--
(1) by repealing subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 24104 of such title is amended to read as follows:
``Sec. 24104. Authorization of appropriations
``There are authorized to be appropriated to the Secretary of
Transportation for the benefit of Amtrak--
``(1) $902,000,000 for fiscal year 1996;
``(2) $652,000,000 for fiscal year 1997;
``(3) $402,000,000 for fiscal year 1998; and
``(4) $152,000,000 for fiscal year 1999.''.
SEC. 5. CHAPTER 243 AMENDMENTS.
Chapter 243 of such title is amended--
(1) in the table of sections--
(A) by striking the items relating to sections
24302 through 24315; and
(B) by inserting after the item relating to section
24301 the following new item:
``24302. Relinquishment of rights to stock, notes, and mortgages.'';
(2) in section 24301--
(A) by repealing subsections (b), (c), (d), (e),
(f), (g), (h), (i), (j), (k), (l), and (n); and
(B) by redesignating subsection (m) as subsection
(b);
(3) by repealing sections 24302 through 25315; and
(4) by adding at the end the following new section:
``Sec. 24302. Relinquishment of rights to stock, notes, and mortgages
``The United States relinquishes any rights held by virtue of any
stock, note of indebtedness, or mortgage issued by or entered into with
Amtrak.''.
SEC. 6. CHAPTER 245 AMENDMENTS.
(a) Section 24501(g) Amendment.--Section 24501(g) of such title is
amended by striking ``Amtrak is exempt'' and inserting in lieu thereof
``Amtrak Commuter is exempt''.
(b) Section 24504(c) Repeal.--Section 24504(c) of such title is
repealed.
SEC. 7. CHAPTERS 247 AND 249 REPEALED.
Chapters 247 and 249 of such title are repealed.
SEC. 8. SERVICE DISCONTINUANCE.
(a) Amendment.--Chapter 241 of such title is amended by adding at
the end the following new section:
``Sec. 24105. Service discontinuance
``(a) Wage Continuation or Severance Benefit.--Notwithstanding any
arrangement in effect before the date of enactment of this section, no
employee of a rail carrier providing rail passenger transportation
whose employment is terminated as a result of a discontinuance of
intercity rail passenger service shall receive any wage continuation or
severance benefit in excess of 6 months pay. This subsection shall not
affect the obligations of rail carriers under section 11347 of this
title.
``(b) Transfer.--Notwithstanding any arrangement in effect before
the date of enactment of this section, a rail carrier providing rail
passenger transportation may require an employee whose position is
eliminated as a result of a discontinuance of intercity rail passenger
service to transfer to any vacant position for which the employee can
be made qualified on any part of such rail carrier's system. If such
transfer requires a change in residence or seniority district, the
employee shall choose--
``(1) to transfer to the position and be covered by the
collective bargaining agreement applicable to the seniority
district to which he is transferred; or
``(2) to voluntarily furlough himself at his home location
and receive protective benefits not in excess of the amount
authorized under subsection (a).
For purposes of this subsection, a transfer shall be considered to
require a change in residence if the new employment is more than 30
miles from the employee's place of residence and is farther from that
residence than was the former work location.''.
(b) Table of Sections.--The table of sections of chapter 241 of
such title is amended by adding at the end the following new item:
``24105. Service Discontinuance.''.
SEC. 9. FEDERAL EMPLOYERS' LIABILITY ACT.
The Act entitled ``An Act relating to the liability of common
carriers by railroad to their employees in certain cases.'', enacted
April 22, 1908 (45 U.S.C. 51 et seq.; popularly referred to as the
``Federal Employers' Liability Act'' or the ``Employers' Liability
Act'') is amended by adding at the end the following new section:
``Sec. 11. This Act shall not apply to common carriers to the
extent they provide rail passenger transportation.''.
SEC. 10. CONFORMING AMENDMENTS.
(a) Rail Services Planning Office Duties.--Section 10362(b)(5) of
title 49, United States Code, is amended by striking ``(except
passenger transportation compensation disputes subject to the
jurisdiction of the Commission under sections 24308(a) and 24903(c)(2)
of this title).''.
(b) Authorizing Abandonment and Discontinuance.--Section
10903(b)(2) of title 49, United States Code, is amended by striking
``and section 405(b) of the Rail Passenger Service Act (45 U.S.C.
565(b))''.
(c) Employee Protective Arrangements.--Section 11347 of title 49,
United States Code, is amended by striking ``, and the terms
established under section 405 of the Rail Passenger Service Act (45
U.S.C. 565)''.
(d) Terminal Facilities.--Section 5567 of title 49, United States
Code, and the item relating thereto in the table of sections of chapter
55 of such title, are repealed.
SEC. 11. EFFECTIVE DATES.
(a) General Rule.--Except as otherwise provided in this section,
this Act shall take effect 1 year after the date of its enactment.
(b) Exceptions.--(1) Sections 4, 8, and 9 of this Act shall take
effect immediately upon enactment.
(2) The repeal of section 24909 of title 49, United States Code,
shall take effect on October 1, 1995. | Amends Federal transportation law to repeal specified authorities with respect to the National Railroad Passenger Corporation (AMTRAK), eliminating intercity rail passenger transportation (while retaining AMTRAK commuter services).
(Sec. 3) Repeals a provision which provides for the judicial review of the discontinuance of a route, a train, or transportation, or the reduction in the frequency of transportation by AMTRAK.
(Sec. 4) Authorizes appropriations in decreasing amounts over four fiscal years.
(Sec. 5) Repeals specified laws that apply to AMTRAK operations, abolishing the Board of Directors.
Declares that the United States relinquishes all rights held in any stock, note of indebtedness, or mortgage issued by or entered into with AMTRAK.
(Sec. 6) Repeals: (1) certain provisions which require AMTRAK to make an agreement to avoid duplicating employee functions; (2) all authority for operation of the AMTRAK route system; and (3) all authority for the Northeast Corridor improvement program.
(Sec. 8) Prohibits a rail carrier employee whose employment is terminated as a result of a discontinuance of intercity rail passenger service from receiving any wage continuation or severance benefit in excess of six months pay. Authorizes a rail carrier to require an employee whose position is eliminated as a result of such discontinuance to transfer to any vacant position for which he or she can be made qualified on any part of the rail carrier's system.
(Sec. 9) Amends the Federal Employers' Liability Act (or Employers' Liability Act) to declare that it shall not apply to common carriers to the extent they provide rail passenger transportation. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to eliminate provisions of Federal law that provide special support for, or burdens on, the operation of Amtrak as a passenger rail carrier, and for other purposes."} | 1,968 | 390 | 0.486014 | 1.586146 | 0.640077 | 3.191693 | 5.501597 | 0.833866 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farmers Tax Deferral Act''.
SEC. 2. NONTAXABLE EXCHANGE OF QUALIFIED AGRICULTURAL PROPERTY FOR REAL
PROPERTY.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1046. EXCHANGE OF QUALIFIED AGRICULTURAL PROPERTY FOR REAL
PROPERTY.
``(a) In General.--No gain or loss shall be recognized to a
qualified person on the receipt of United States real property in
exchange for any qualified agricultural property.
``(b) Qualified Person.--For purposes of this section, the term
`qualified person' means--
``(1) any individual who has attained age 55 as of the date
that such real property is received,
``(2) any corporation if all of the outstanding stock of
such corporation is owned by one or more individuals described
in paragraph (1), and
``(3) any partnership, trust, or estate if all of the
beneficial interests in such partnership, trust, or estate are
owned by one or more individuals described in paragraph (1).
``(c) Qualified Agricultural Property.--The term `qualified
agricultural property' means--
``(1) any single purpose agricultural or horticultural
structure (as defined in section 168(i)(13)) which was placed
in service by the taxpayer more than 20 years before the date
that such structure is transferred in the exchange described in
subsection (a), and
``(2) any real property, equipment, or fixtures which are
related in use to such structure.
``(d) United States Real Property.--For purposes of this section,
the term `United States real property' means real property located in
the United States.
``(e) Requirement That Property Be Identified and That Exchange Be
Completed Not More Than 180 Days After Transfer of Exchanged
Property.--For purposes of this section, any property received by the
taxpayer shall be treated as property which is not real property if--
``(1) such property is not identified as property to be
received in the exchange on or before the day which is 45 days
after the date on which the taxpayer transfers the property
relinquished in the exchange, or
``(2) such property is received after the earlier of--
``(A) the day which is 180 days after the date on
which the taxpayer transfers the property relinquished
in the exchange, or
``(B) the due date (determined with regard to
extension) for the transferor's return of the tax
imposed by this chapter for the taxable year in which
the transfer of the relinquished property occurs.
``(f) Application of Rules Regarding Basis, Exchanges Not Solely in
Kind, and Related Parties.--Rules similar to the rules of subsections
(b), (c), (d), (f), and (g) of section 1031 shall apply for purposes of
this section.
``(g) Treatment as Section 1031 Exchange.--For purposes of this
title (other than sections 1031 and 1245), a transaction described in
this section shall be treated in the same manner as a transaction
described in section 1031.''.
(b) Ordinary Income Recapture Deferred Until Disposition of Real
Property Acquired in Exchange.--Subsection (b) of section 1245 of such
Code is amended by adding at the end the following new paragraph:
``(9) Special rule for like kind exchanges of qualified
agricultural property.--
``(A) In general.--If qualified agricultural
property (as defined in section 1046(c)) is disposed of
and gain (determined without regard to this section) is
not recognized in whole or in part under section 1046,
then the amount of gain taken into account by the
transferor under subsection (a)(1) shall not exceed the
sum of--
``(i) the amount of gain recognized on such
disposition (determined without regard to this
section), plus
``(ii) the fair market value of property
acquired which is not taken into account under
clause (i) and which is not--
``(I) section 1245 property, or
``(II) United States real property.
``(B) Ordinary income recapture on disposition of
real property acquired in exchange.--If United States
real property acquired in an exchange to which section
1046 applies is disposed of by the transferee, the
lesser of--
``(i) the excess of--
``(I) the amount realized on the
disposition of such real property (in
the case of a disposition other than a
sale, exchange, or involuntary
conversion, the fair market value of
such real property), over
``(II) the adjusted basis of such
real property, or
``(ii) the excess of--
``(I) the amount of gain that would
have been treated as ordinary income
under this section if such qualified
agricultural property were sold at fair
market value on the date of the
disposition of such qualified
agricultural property, over
``(II) the amount of gain
recognized as ordinary income under
this subparagraph with respect to such
qualified agricultural property on the
disposition of any other real property,
shall be treated as ordinary income. Such gain shall be
recognized notwithstanding any other provision of this
subtitle.''.
(c) Effective Date.--
(1) Subsection (a).--The amendments made by subsection (a)
shall apply to transfers after the date of the enactment of
this Act.
(2) Subsection (b).--The amendments made by subsection (b)
shall apply to dispositions after the date of the enactment of
this Act.
SEC. 3. SPECIAL RULES FOR INSTALLMENT SALES OF QUALIFIED AGRICULTURAL
PROPERTY.
(a) In General.--Subsection (i) of section 453 of the Internal
Revenue Code of 1986 is amended by redesignating paragraph (2) as
paragraph (3) and by inserting after paragraph (1) the following new
paragraph:
``(2) Special rule for qualified agricultural property.--
Notwithstanding paragraph (1), in the case of any installment
sale of qualified agricultural property (as defined in section
1046(c), applied by substituting `the installment sale
described in section 453(i)(2)' for `the exchange described in
subsection (a)' in paragraph (1) thereof) to which subsection
(a) applies--
``(A) income from the installment sale shall be
taken into account under the installment method, and
``(B) income recognized for any taxable year from
such sale under such method shall be recognized as
recapture income in such year in the same proportion to
such income recognized for such year from such sale
as--
``(i) the aggregate recapture income from
such sale (recognized or to be recognized when
payment is completed), bears to
``(ii) the aggregate income from such sale
(so recognized or to be recognized).''.
(b) Conforming Amendment.--Paragraph (3) of section 453(i) of such
Code, as redesignated under this section, is amended by striking
``paragraph (1)'' and inserting ``this subsection''.
(c) Effective Date.--The amendments made by this section shall
apply to sales after the date of the enactment of this Act. | Farmers Tax Deferral Act - Amends the Internal Revenue Code to: (1) allow individuals age 55 or older to exclude from gross income the gain or loss from an exchange of qualified agricultural property for U.S. real property; (2) treat such an exchange as a like-kind exchange for purposes of recognizing gain or loss; and (3) allow installment sales treatment of qualified agricultural property. Defines "qualified agricultural property" as any single purpose agricultural or horticultural structure placed in service more than 20 years before an exchange and any real property, equipment, or fixtures related in use to such structure. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide special rules for the exchange or installment sale of certain agricultural property."} | 1,662 | 126 | 0.635331 | 1.624046 | 0.652611 | 3.017241 | 13.224138 | 0.862069 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Storage Technology for Renewable and
Green Energy Act of 2010'' or the ``STORAGE 2010 Act''.
SEC. 2. ENERGY INVESTMENT CREDIT FOR ENERGY STORAGE PROPERTY CONNECTED
TO THE GRID.
(a) Up to 20 Percent Credit Allowed.--Subparagraph (A) of section
48(a)(2) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of subclause (IV) of
clause (i),
(2) by striking ``clause (i)'' in clause (ii) and inserting
``clause (i) or (ii)'',
(3) by redesignating clause (ii) as clause (iii), and
(4) by inserting after clause (i) the following new clause:
``(ii) as provided in subsection (c)(5)(D),
up to 20 percent in the case of qualified
energy storage property, and''.
(b) Qualified Energy Storage Property.--Subsection (c) of section
48 of the Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(5) Qualified energy storage property.--
``(A) In general.--The term `qualified energy
storage property' means property--
``(i) which is directly connected to the
electrical grid, and
``(ii) which is designed to receive
electrical energy, to store such energy, and--
``(I) to convert such energy to
electricity and deliver such
electricity for sale, or
``(II) to use such energy to
provide improved reliability or
economic benefits to the grid.
Such term may include hydroelectric pumped storage and
compressed air energy storage, regenerative fuel cells,
batteries, superconducting magnetic energy storage,
flywheels, thermal energy storage systems, and hydrogen
storage, or combination thereof, or any other
technologies as the Secretary, in consultation with the
Secretary of Energy, shall determine.
``(B) Minimum capacity.--The term `qualified energy
storage property' shall not include any property unless
such property in aggregate has the ability to sustain a
power rating of at least 1 megawatt for a minimum of 1
hour.
``(C) Electrical grid.--The term `electrical grid'
means the system of generators, transmission lines, and
distribution facilities which--
``(i) are under the jurisdiction of the
Federal Energy Regulatory Commission or State
public utility commissions, or
``(ii) are owned by--
``(I) the Federal government,
``(II) a State or any political
subdivision of a State,
``(III) an electric cooperative
that receives financing under the Rural
Electrification Act of 1936 (7 U.S.C.
901 et seq.) or that sells less than
4,000,000 megawatt hours of electricity
per year, or
``(IV) any agency, authority, or
instrumentality of any one or more of
the entities described in subclause (I)
or (II), or any corporation which is
wholly owned, directly or indirectly,
by any one or more of such entities.
``(D) Allocation of credits.--
``(i) In general.--In the case of qualified
energy storage property placed in service
during the taxable year, the credit otherwise
determined under subsection (a) for such year
with respect to such property shall not exceed
the amount allocated to such project under
clause (ii).
``(ii) National limitation and
allocation.--There is a qualified energy
storage property investment credit limitation
of $1,500,000,000. Such limitation shall be
allocated by the Secretary among qualified
energy storage property projects selected by
the Secretary, in consultation with the
Secretary of Energy, for taxable years
beginning after the date of the enactment of
the STORAGE 2010 Act, except that not more than
$30,000,000 shall be allocated to any project
for all such taxable years.
``(iii) Selection criteria.--In making
allocations under clause (ii), the Secretary,
in consultation with the Secretary of Energy,
shall select only those projects which have a
reasonable expectation of commercial viability,
select projects representing a variety of
technologies, applications, and project sizes,
and give priority to projects which--
``(I) provide the greatest increase
in reliability or the greatest economic
benefit,
``(II) enable the greatest
improvement in integration of renewable
resources into the grid, or
``(III) enable the greatest
increase in efficiency in operation of
the grid.
``(iv) Deadlines.--
``(I) In general.--If a project
which receives an allocation under
clause (ii) is not placed in service
within 2 years after the date of such
allocation, such allocation shall be
invalid.
``(II) Special rule for
hydroelectric pumped storage.--
Notwithstanding subclause (I), in the
case of a hydroelectric pumped storage
project, if such project has not
received such permits or licenses as
are determined necessary by the
Secretary, in consultation with the
Secretary of Energy, within 3 years
after the date of such allocation,
begun construction within 5 years after
the date of such allocation, and been
placed in service within 8 years after
the date of such allocation, such
allocation shall be invalid.
``(III) Special rule for compressed
air energy storage.--Notwithstanding
subclause (I), in the case of a
compressed air energy storage project,
if such project has not begun
construction within 3 years after the
date of the allocation and been placed
in service within 5 years after the
date of such allocation, such
allocation shall be invalid.
``(IV) Exceptions.--The Secretary
may extend the 2-year period in
subclause (I) or the periods described
in subclauses (II) and (III) on a
project-by-project basis if the
Secretary, in consultation with the
Secretary of Energy, determines that
there has been a good faith effort to
begin construction or to place the
project in service, whichever is
applicable, and that any delay is
caused by factors not in the taxpayer's
control.
``(E) Review and redistribution.--
``(i) Review.--Not later than 4 years after
the date of the enactment of the STORAGE 2010
Act, the Secretary shall review the credits
allocated under subparagraph (D) as of the date
of such review.
``(ii) Redistribution.--Upon the review
described in clause (i), the Secretary may
reallocate credits allocated under subparagraph
(D) if the Secretary determines that--
``(I) there is an insufficient
quantity of qualifying applications for
certification pending at the time of
the review, or
``(II) any allocation made under
subparagraph (D)(ii) has been revoked
pursuant to subparagraph (D)(iv)
because the project subject to such
allocation has been delayed.
``(F) Disclosure of allocations.--The Secretary
shall, upon making an allocation under subparagraph
(D)(ii), publicly disclose the identity of the
applicant, the location of the project, and the amount
of the credit with respect to such applicant.
``(G) Termination.--No credit shall be allocated
under subparagraph (D) for any period ending after
December 31, 2020.''.
(c) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
SEC. 3. ENERGY STORAGE PROPERTY CONNECTED TO THE GRID ELIGIBLE FOR NEW
CLEAN RENEWABLE ENERGY BONDS.
(a) In General.--Paragraph (1) of section 54C(d) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) Qualified renewable energy facility.--The term
`qualified renewable energy facility' means a facility which
is--
``(A)(i) a qualified facility (as determined under
section 45(d) without regard to paragraphs (8) and (10)
thereof and to any placed in service date), or
``(ii) a qualified energy storage property (as
defined in section 48(c)(5)), and
``(B) owned by a public power provider, a
governmental body, or a cooperative electric
company.''.
(b) Effective Date.--The amendment made by this section shall apply
to obligations issued after the date of the enactment of this Act.
SEC. 4. ENERGY INVESTMENT CREDIT FOR ONSITE ENERGY STORAGE.
(a) Credit Allowed.--Clause (i) of section 48(a)(2)(A) of the
Internal Revenue Code of 1986, as amended by this Act, is amended--
(1) by striking ``and'' at the end of subclause (III),
(2) by inserting ``and'' at the end of subclause (IV), and
(3) by adding at the end the following new subclause:
``(V) qualified onsite energy
storage property,''.
(b) Qualified Onsite Energy Storage Property.--Subsection (c) of
section 48 of the Internal Revenue Code of 1986, as amended by this
Act, is amended by adding at the end the following new paragraph:
``(6) Qualified onsite energy storage property.--
``(A) In general.--The term `qualified onsite
energy storage property' means property which--
``(i) provides supplemental energy to
reduce peak energy requirements primarily on
the same site where the storage is located, or
``(ii) is designed and used primarily to
receive and store intermittent renewable energy
generated onsite and to deliver such energy
primarily for onsite consumption.
Such term may include thermal energy storage systems
and property used to charge plug-in and hybrid electric
vehicles if such property or vehicles are equipped with
smart grid services which control time-of-day charging
and discharging of such vehicles. Such term shall not
include any property for which any other credit is
allowed under this chapter.
``(B) Minimum capacity.--The term `qualified onsite
energy storage property' shall not include any property
unless such property in aggregate--
``(i) has the ability to store the energy
equivalent of at least 20 kilowatt hours of
energy,
``(ii) has the ability to have an output of
the energy equivalent of 5 kilowatts of
electricity for a period of 4 hours, and
``(iii) has a roundtrip energy storage
efficiency of not less than 80 percent.
``(C) Limitation.--In the case of qualified onsite
energy storage property placed in service during the
taxable year, the credit otherwise determined under
subsection (a) for such year with respect to such
property shall not exceed $1,000,000.''.
(c) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
SEC. 5. CREDIT FOR RESIDENTIAL ENERGY STORAGE EQUIPMENT.
(a) Credit Allowed.--Subsection (a) of section 25C of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of paragraph (1),
(2) by redesignating paragraph (2) as paragraph (3), and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) 30 percent of the amount paid or incurred by the
taxpayer for qualified residential energy storage equipment
installed during such taxable year, and''.
(b) Qualified Residential Energy Storage Equipment.--
(1) In general.--Section 25C of the Internal Revenue Code
of 1986 is amended--
(A) by redesignating subsections (e), (f), and (g)
as subsections (f), (g), and (h), respectively, and
(B) by inserting after subsection (d) the following
new subsection:
``(d) Qualified Residential Energy Storage Equipment.--For purposes
of this section, the term `qualified residential energy storage
equipment' means property--
``(1) which is installed in or on a dwelling unit located
in the United States and owned and used by the taxpayer as the
taxpayer's principal residence (within the meaning of section
121), or on property owned by the taxpayer on which such a
dwelling unit is located,
``(2) which--
``(A) provides supplemental energy to reduce peak
energy requirements primarily on the same site where
the storage is located, or
``(B) is designed and used primarily to receive and
store intermittent renewable energy generated onsite
and to deliver such energy primarily for onsite
consumption,
``(3) which has a roundtrip energy storage efficiency of
not less than 80 percent, and
``(4) which--
``(A) has the ability to store the energy
equivalent of at least 2 kilowatt hours of energy, and
``(B) has the ability to have an output of the
energy equivalent of 500 watts of electricity for a
period of 4 hours.
Such term may include thermal energy storage systems and property used
to charge plug-in and hybrid electric vehicles if such property or
vehicles are equipped with smart grid services which control time-of-
day charging and discharging of such vehicles. Such term shall not
include any property for which any other credit is allowed under this
chapter.''.
(2) Conforming amendment.--Section 1016(a)(33) of such Code
is amended by striking ``section 25C(f)'' and inserting
``section 25C(g)''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | Storage Technology for Renewable and Green Energy Act of 2010 or the STORAGE 2010 Act - Amends the Internal Revenue Code to: (1) allow, through 2019, a 20% energy tax credit for investment in energy storage property that is directly connected to the electrical grid (i.e., a system of generators, transmission lines, and distribution facilities) and that is designed to receive. store, and convert energy to electricity, deliver it for sale, or use such energy to provide improved reliability or economic benefits to the grid; (2) make such property eligible for new clean renewable energy bond financing; (3) allow a 30% energy tax credit for investment in energy storage property used at the site of energy storage; and (4) allow a 30% nonbusiness energy property tax credit for the installation of energy storage equipment in a principal residence. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for an energy investment credit for energy storage property connected to the grid, and for other purposes."} | 3,161 | 170 | 0.590371 | 1.623328 | 0.831699 | 2.581818 | 17.636364 | 0.872727 |
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Family and Medical
Leave Clarification Act''.
(b) References.--Whenever in this Act an amendment is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to that section or other
provision of the Family and Medical Leave Act of 1993.
(c) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; references; table of contents.
Sec. 2. Findings.
Sec. 3. Definition of serious health condition.
Sec. 4. Intermittent leave.
Sec. 5. Request for leave.
Sec. 6. Substitution of paid leave.
Sec. 7. Regulations.
Sec. 8. Effective date.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Family and Medical Leave Act of 1993 (in this
section referred to as the ``Act'') is not working as Congress
intended when it passed the Act in 1993. Many employers,
including those nationally recognized as having generous
family-friendly benefit and leave programs, are experiencing
serious problems complying with the Act.
(2) The Department of Labor's overly broad regulations and
interpretations have caused many of these problems by greatly
expanding the Act's coverage to apply to many non-serious
health conditions.
(3) Documented problems generated by the Act include
significant new administrative and personnel costs, loss of
productivity and scheduling difficulties, unnecessary paperwork
and record keeping, and other compliance problems.
(4) The Act often conflicts with employers' existing paid
sick leave policies and prevent employers from managing
absences through their absence control plans and results in
most leave under the Act becoming paid leave.
(5) The Commission on Leave, established in title III of
the Act, which reported few difficulties with compliance with
the Act, failed to identify many of the problems with
compliance because its study was conducted too soon after the
enactment of the Act and the most significant problems with
compliance arose only when employers later sought to comply
with the Act's final regulations and interpretations.
SEC. 3. DEFINITION OF SERIOUS HEALTH CONDITION.
(a) Amendment.--Section 101(11) (29 U.S.C. 2611(11)) is amended by
adding after and below subparagraph (B) the following:
``The term `serious health condition' does not cover short-term
conditions for which treatment and recovery are very brief.
Conditions covered include, for example, heart attacks, heart
conditions requiring extensive therapy or surgical procedures,
strokes, severe respiratory conditions, spinal injuries,
appendicitis, pneumonia, emphysema, severe arthritis, severe
nervous disorders, injuries caused by serious accidents on or
off the job, ongoing pregnancy, miscarriages, complications or
illnesses related to pregnancy, such as severe morning
sickness, the need for prenatal care, childbirth, and recovery
from childbirth.''.
(b) Regulations.--
(1) Repeal.--The regulations of the Secretary of Labor,
published at sections 825.114 and 825.115 of title 29 of the
Code of Federal Regulations, and opinion letters promulgated
thereunder shall be null and void on the effective date of
final regulations issued under paragraph (2).
(2) New regulations.--The Secretary of Labor shall revise
the regulations referred to in paragraph (1) and shall issue
proposed regulations making such revision not later than 90
days after the date of enactment of this Act and shall issue
final regulations not later than 180 days after such date of
enactment.
(3) Transition.--With respect to leave and requests for
leave made under section 102 of the Family and Medical Leave
Act of 1993 occurring before the effective date of the final
regulations under paragraph (2), an employer may rely on the
regulations of the Secretary referred to in paragraph (1). In
any action to enforce the requirements of such Act pending on
or after the effective date of such final regulations, no
provision of the regulations referred to in paragraph (1) may
be cited as evidence of an employer's non-compliance with such
Act.
SEC. 4. INTERMITTENT LEAVE.
Section 102(b)(1) (29 U.S.C. 2612(b)(1)) is amended by striking the
period at the end of the second sentence and inserting the following:
``as certified by the health care provider after each leave occurrence.
An employer may require an employee to take intermittent leave in
increments of up to one-half of a work day. Employers may require
employees who travel as part of their normal day-to-day work or duty
assignments to take leave for the duration of that work or assignment
if the employer cannot reasonably accommodate the employee's request to
take leave intermittently or on a reduced leave schedule.''.
SEC. 5. REQUEST FOR LEAVE.
Section 102(a) (29 U.S.C. 2612(a)) is amended by inserting after
paragraph (2) the following:
``(3) Request for leave.--When an employer does not
exercise under subsection (d)(2) the right to substitute other
employer provided leave for leave under this title, an employer may
require an employee who wants leave under this title to request in a
timely manner such leave. If required by the employer, an employee who
fails to make such a timely request may be denied leave under this
title.
``(4) Timeliness of request for leave.--As used in
paragraph (3) of this subsection, a request for leave is timely
if--
``(A) in the case of foreseeable leave, the
employee provides the applicable advance notice
required by subsection (e) and submits any written
application required by the employer within 5 working
days of providing the notice to the employer; and
``(B) in the case of unforeseeable leave, the
employee notifies the employer verbally of the need for
the leave no later than the time the leave commences
and submits any written application required by the
employer within 5 working days of providing the notice
to the employer, except that the 5-day period will be
extended as necessary if the employee is physically or
mentally incapable of providing notice or submitting
the application.''.
SEC. 6. SUBSTITUTION OF PAID LEAVE.
Section 102(d)(2) (29 U.S.C. 2612(d)(2)) is amended by adding at
the end the following:
``(C) Paid absence.--Notwithstanding subparagraphs
(A) and (B), with respect to leave provided under
subparagraph (D) of subsection (a)(1), where an
employer provides paid absence under an employer's
collective bargaining agreement, a welfare benefit plan
under the Employee Retirement Income Security Act of
1974, or under any other sick leave, sick pay, or
disability plan, program, or policy of the employer, an
employer may require the employee to choose between
such paid absence and unpaid leave provided under this
title.''.
SEC. 7. REGULATIONS.
(a) General Rule.--Except as provided in section 3(b)(2), not later
than 6 months after the date of the enactment of this Act, the
Secretary of Labor shall review and revise all regulations promulgated
before such date to implement the Family and Medical Leave Act of 1993
to reflect the amendments made by this Act.
(b) With respect to actions taken by an employer before the
effective date of such revised regulations, compliance with the
regulations in effect before such date shall be deemed to constitute
full compliance with this Act. After the effective date of this Act,
the Secretary may not enforce regulations in effect before such date.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect upon the
expiration of 180 days after the date of the enactment of this Act. | Allows employers to require that intermittent leave be taken in increments of up to half a work day.
Requires employees to: (1) request leave be designated as FMLA leave; (2) provide written application within five working days of providing notice to the employer for foreseeable leave; and (3) with respect to unforeseeable leave, to provide, at a minimum, verbal notification of the need for the leave not later than the time the leave commences, unless the employee is physically or mentally incapable of providing notice or submitting the application.
Permits employers to require employees to choose between taking unpaid leave provided by the FMLA or paid absence under an employer's collective bargaining agreement or other sick leave, sick pay, or disability plan, program, or policy of the employer.
Directs the Secretary of Labor to review all existing regulations for implementing FMLA, and to issue new regulations revised to reflect the amendments made by this Act. | {"src": "billsum_train", "title": "Family and Medical Leave Clarification Act"} | 1,721 | 197 | 0.429488 | 1.277833 | 0.651243 | 3.480663 | 8.883978 | 0.906077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crime Control Act of 1997''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the most important domestic function of the Federal
Government is the protection of the personal security of
individual Americans through the enactment and enforcement of
laws against criminal behavior; and
(2) tough Federal laws, such as mandatory minimum prison
sentences for violent crimes committed with a firearm and
truth-in-sentencing, would serve as deterrents to persons who
might be disposed to commit violent crimes.
SEC. 3. MANDATORY MINIMUMS FOR STATE CRIMES INVOLVING A FIREARM.
Section 924(c) of title 18, United States Code, is amended by
adding at the end the following:
``(4) State crimes involving the use of a firearm.--
``(A) Definitions.--In this paragraph--
``(i) the term `crime of violence' means an offense
that is punishable by imprisonment for more than 1
year, and--
``(I) has as an element the use, attempted
use, or threatened use of physical force
against the person or property of another; or
``(II) by its nature involves a substantial
risk that physical force against the person or
property of another may be used during the
course of the offense;
``(ii) the term `drug trafficking crime' means a
crime punishable by imprisonment for more than 1 year
involving the manufacture, distribution, possession,
cultivation, sale, or transfer of a controlled
substance, controlled substance analogue, immediate
precursor, or listed chemical (as those terms are
defined in section 102 of the Controlled Substance Act
(21 U.S.C. 802)), or an attempt or conspiracy to commit
such a crime; and
``(iii) the term `possesses a firearm' means--
``(I) in the case of a crime of violence,
touching a firearm at the scene of a crime at
any time during the commission of the crime;
and
``(II) in the case of a drug trafficking
crime, having a firearm readily available at
the scene of the crime at any time during the
commission of the crime.
``(C) Prohibited acts; penalties.--A person who, during and
in relation to a crime of violence or drug trafficking crime
involving a firearm that has been moved at any time in
interstate or foreign commerce (including a crime of violence
or drug trafficking crime that provides for an enhanced
punishment if committed by the use of a deadly or dangerous
weapon or device) for which the person may be prosecuted in a
court of any State--
``(i) in the case of a first conviction of such a
crime, in addition to the sentence imposed for the
crime of violence or drug trafficking crime--
``(I) knowingly possesses a firearm, shall
be imprisoned for a term of not less than 10
years;
``(II) discharges a firearm with intent to
injure another person, shall be imprisoned for
a term of not less than 20 years; and
``(III) knowingly possesses a firearm that
is a machinegun or destructive device, or is
equipped with a firearm silencer or firearm
muffler, shall be imprisoned for a term of not
less than 30 years;
``(ii) in the case of a second conviction of such a
crime, in addition to the sentence imposed for the
crime of violence or drug trafficking crime--
``(I) knowingly possesses a firearm during
and in relation to the crime of violence or
drug trafficking crime, shall be imprisoned for
a term of not less than 20 years;
``(II) discharges a firearm during and in
relation to the crime of violence or drug
trafficking crime, shall be imprisoned for a
term of not less than 30 years; and
``(III) discharges a firearm that is a
machinegun or a destructive device, or is
equipped with a firearm silencer or firearm
muffler, shall be imprisoned for a term of
life; and
``(iii) in the case of a third or subsequent
conviction of such a crime, possesses or discharges a
firearm in a manner described in clause (i) or (ii),
shall be imprisoned for a term of life.
``(D) No probation, suspension of sentence, or early
release.--Notwithstanding any other provision of law--
``(i) a court shall not place on probation or
suspend the sentence of any person convicted of a
violation of this subsection, nor shall a term of
imprisonment imposed under this subsection run
concurrently with any other term of imprisonment,
including a term imposed for the crime of violence or
drug trafficking crime in which the firearm was used;
and
``(ii) no person sentenced under this subsection
shall be released for any reason during a term of
imprisonment imposed under this paragraph.
``(E) Inapplicability to certain persons.--Except in the
case of a person who engaged in or participated in criminal
conduct that gave rise to the occasion for the person's use of
a firearm, this paragraph does not apply to a person who may be
found to have committed a criminal act while acting in defense
of a person or property during the course of a crime being
committed by another person (including the arrest or attempted
arrest of the offender during or immediately after the
commission of the crime).
``(F) Effect on state law.--
``(i) In general.--This paragraph shall supplement,
but not supplant, the efforts of State and local
prosecutors in prosecuting crimes of violence and drug
trafficking crimes that could be prosecuted under State
law.
``(ii) Deference.--The Attorney General shall give
due deference to the interest that a State or local
prosecutor has in prosecuting a person under State law.
``(G) No creation of enforceable rights.--This paragraph
shall not be construed to create any rights, substantive or
procedural, enforceable at law by any party in any manner,
civil or criminal, nor does it place any limitations on
otherwise lawful prerogatives of the Attorney General.''.
SEC. 4. PRISON WORK REQUIREMENTS FOR PRISONERS; PROHIBITION ON
PROVISION OF LUXURY ITEMS TO PRISONERS.
Section 4001(b)(2) of title 18, United States Code, is amended by
adding at the end the following: ``Not later than 120 days after the
date of enactment of the Crime Control Act of 1997, the Attorney
General shall implement and enforce regulations mandating prison work
for all able-bodied inmates in Federal penal and correctional
institutions. Such regulations shall also prohibit the provision by the
Government of television, radio, telephone, stereo, or other similar
amenities in the cell of any inmate.''. | Crime Control Act of 1997 - Amends the Federal criminal code to provide mandatory minimum terms of imprisonment for persons prosecuted in State courts for violent and drug trafficking crimes involving a firearm. Prohibits probation, suspension of sentence, concurrent sentencing, or early release for such persons. Makes this Act inapplicable to certain persons found to have committed a criminal act while acting in defense of a person or property during the course of a crime being committed by another person.
Directs the Attorney General to: (1) give due deference to the interest that a State or local prosecutor has in prosecuting a person under State law; and (2) implement and enforce regulations which mandate prison work for all able-bodied inmates in Federal penal and correctional institutions and which prohibit the provision by the Government of television, radio, telephone, stereo, or similar amenities in the cell of any inmate. | {"src": "billsum_train", "title": "Crime Control Act of 1997"} | 1,575 | 194 | 0.416414 | 1.157591 | 0.741108 | 5.777778 | 8.22807 | 0.923977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Project SeaHawk Implementation Act
of 2006''.
SEC. 2. ESTABLISHMENT OF ADDITIONAL INTERAGENCY OPERATIONAL CENTERS FOR
PORT SECURITY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Homeland Security, acting through the
Commandant of the Coast Guard, shall establish or designate a center as
an interagency operational center for maritime and port security in
each geographic region designated as a Coast Guard sector by the
Commandant.
(b) Purposes.--The purposes of each center established or
designated under subsection (a) are to facilitate day-to-day
operational coordination, interagency cooperation, unity of command,
and the sharing of intelligence information in a common mission to
provide greater protection for port and intermodal transportation
systems against acts of terrorism.
(c) Location.--Each center established or designated under
subsection (a) shall be co-located with the command center for each
geographic region designated as a Coast Guard sector.
(d) Connectivity.--If a port is associated with a command center
that is not located at such port, the Secretary shall utilize
appropriate electronic communications, including virtual connectivity,
to maintain awareness of activities of that port and to provide for
participation by the entities set out in subsection (f).
(e) Requirements.--Each center established or designated under
subsection (a) shall--
(1) be modeled on the Charleston Harbor Operations Center
(popularly known as Project SeaHawk) administered by the United
States Attorney's Office for the District of South Carolina for
the Port of Charleston located in Charleston, South Carolina;
and
(2) be adapted to meet the security needs, requirements,
and resources of the individual port area at which each is
operating.
(f) Participation.--The representatives of the following entities
shall participate in each center established or designated under
subsection (a):
(1) The United States Coast Guard.
(2) The United States Attorney's Office in the district in
which the center is located.
(3) The Bureau of Customs and Border Protection of the
Department of Homeland Security.
(4) The Bureau of Immigration and Customs Enforcement of
the Department of Homeland Security.
(5) The Department of Defense, if the Secretary of Homeland
Security and the Secretary of Defense determine appropriate.
(6) The Federal Bureau of Investigation.
(7) Other Federal agencies with a presence at the port, as
appropriate, or as otherwise determined appropriate by the
Secretary.
(8) State and local law enforcement and first responder
agencies responsible for the port, as appropriate, or as
otherwise determined appropriate by the Secretary.
(9) Port authority representatives, maritime exchanges,
private sector stakeholders, and other entities subject to an
Area Maritime Security Plan prepared pursuant to part 103 of
title 33, Code of Federal Regulations, if determined
appropriate by the Secretary.
(g) Responsibilities.--The head of each center established or
designated under subsection (a) shall--
(1) assist, as appropriate, in the implementation of
maritime transportation security plans developed under section
70103 of title 46, United States Code;
(2) implement the transportation security incident response
plans required under section 70104 of such title;
(3) be incorporated into the implementation of maritime
intelligence activities under section 70113 of such title;
(4) conduct short- and long-range vessel tracking under
sections 70114 and 70115 of such title;
(5) be incorporated into the implementation of section
70116 of such title;
(6) carry out information sharing activities consistent
with such activities required by section 1016 of the National
Security Intelligence Reform Act of 2004 (6 U.S.C. 485) or the
Homeland Security Information Sharing Act (6 U.S.C. 481 et
seq.);
(7) be incorporated into the screening and high-risk cargo
inspection programs carried out by the Bureau of Customs and
Border Protection; and
(8) carry out such other responsibilities that the
Secretary of Homeland Security determines are appropriate.
SEC. 3. REPORT.
(a) Requirement.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committee on Appropriations, the Committee on Homeland Security
and Governmental Affairs, and Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Appropriations, the
Committee on Homeland Security, and the Committee on Energy and
Commerce of the House of Representatives a plan for the implementation
of this Act.
(b) Contents.--The report submitted under subsection (a) shall
describe, for each center that will be established under section 2(a)--
(1) the location of such center;
(2) the entities who will participate in the center;
(3) the cost to establish and operate the center; and
(4) the resources necessary to operate and maintain,
including the cost-sharing requirements for other agencies and
participants.
SEC. 4. RELATIONSHIP TO OTHER REQUIREMENTS.
The Commandant of the Coast Guard shall utilize information
developed for the report required by section 807 of the Coast Guard and
Maritime Transportation Act of 2004 (Public Law 108-293; 118 Stat.
1082) to carry out the requirements of this Act. The Commandant shall
utilize the information developed for the report required by that
section in carrying out the requirements of this Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for each Coast Guard sector for fiscal years 2007 through
2012 to carry out this Act. | Project SeaHawk Implementation Act of 2006 - Directs the Secretary of Homeland Security, acting through the Commandant of the Coast Guard, to establish or designate an interagency operational center for maritime and port security in each region designated by the Commandant as a Coast Guard sector. Declares that the purpose of each center is to facilitate day-to-day operational coordination, interagency cooperation, unity of command, and the sharing of intelligence information in a common mission to provide greater protection for port and intermodal transportation systems against acts of terrorism. Sets forth certain center requirements, including that each center be modeled on the Charleston Harbor Operations Center (popularly known as Project SeaHawk) administered by the U.S. Attorney's Office for the District of South Carolina for the Port of Charleston located in Charleston, South Carolina.
Requires the head of each center to: (1) assist in the implementation of maritime transportation security plans and transportation security incident response plans; (2) conduct short- and long-range vessel tracking and other maritime intelligence activities; and (3) be incorporated into the screening and high-risk cargo inspection programs carried out by the Bureau of Customs and Border Protection. | {"src": "billsum_train", "title": "A bill to improve maritime and cargo security and for other purposes."} | 1,214 | 252 | 0.765284 | 2.267225 | 0.97746 | 6.40724 | 5.20362 | 0.959276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spokane Tribe of Indians of the
Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) from 1927 to 1931, at the direction of Congress, the
Corps of Engineers investigated the Columbia River and its
tributaries to determine sites at which power could be produced
at low cost;
(2) the Corps of Engineers--
(A) identified a number of sites, including the
site at which the Grand Coulee Dam is located; and
(B) recommended that power development at those
sites be performed by local governmental authorities or
private utilities under the Federal Power Act (16
U.S.C. 791a et seq.);
(3) under section 10(e) of that Act (16 U.S.C. 803(e)), a
licensee is required to compensate an Indian tribe for the use
of land under the jurisdiction of the Indian tribe;
(4) in August 1933, the Columbia Basin Commission, an
agency of the State of Washington, received a preliminary
permit from the Federal Power Commission for water power
development at the Grand Coulee site;
(5) in the mid-1930's, the Federal Government, which is not
subject to the Federal Power Act (16 U.S.C. 791a et seq.)--
(A) federalized the Grand Coulee Dam project; and
(B) began construction of the Grand Coulee Dam;
(6) at the time at which the Grand Coulee Dam project was
federalized, the Federal Government recognized that the Spokane
Tribe and the Confederated Tribes of the Colville Reservation
had compensable interests in the Grand Coulee Dam project,
including compensation for--
(A) the development of hydropower;
(B) the extinguishment of a salmon fishery on which
the Spokane Tribe was almost completely financially
dependent; and
(C) the inundation of land with loss of potential
power sites previously identified by the Spokane Tribe;
(7) in the Act of June 29, 1940, Congress--
(A) in the first section (16 U.S.C. 835d) granted
to the United States--
(i) all rights of Indian tribes in land of
the Spokane Tribe and Colville Indian
Reservations that were required for the Grand
Coulee Dam project; and
(ii) various rights-of-way over other land
under the jurisdiction of Indian tribes that
were required in connection with the project;
and
(B) in section 2 (16 U.S.C. 835e) provided that
compensation for the land and rights-of-way was to be
determined by the Secretary of the Interior in such
amounts as the Secretary determined to be just and
equitable;
(8) in furtherance of that Act, the Secretary of the
Interior paid--
(A) to the Spokane Tribe, $4,700; and
(B) to the Confederated Tribes of the Colville
Reservation, $63,000;
(9) in 1994, following 43 years of litigation before the
Indian Claims Commission, the United States Court of Federal
Claims, and the United States Court of Appeals for the Federal
Circuit, Congress ratified an agreement between the
Confederated Tribes of the Colville Reservation and the United
States that provided for damages and annual payments of
$15,250,000 in perpetuity, adjusted annually, based on revenues
from the sale of electric power from the Grand Coulee Dam
project and transmission of that power by the Bonneville Power
Administration;
(10) in legal opinions issued by the Office of the
Solicitor of the Department of the Interior, a Task Force Study
conducted from 1976 to 1980 ordered by the Committee on
Appropriations of the Senate, and hearings before Congress at
the time at which the Confederated Tribes of the Colville
Reservation Grand Coulee Dam Settlement Act (Public Law 103-
436; 108 Stat. 4577) was enacted, it has repeatedly been
recognized that--
(A) the Spokane Tribe suffered damages similar to
those suffered by, and had a case legally comparable to
that of, the Confederated Tribes of the Colville
Reservation; but
(B) the 5-year statute of limitations under the Act
of August 13, 1946 (25 U.S.C. 70 et seq.) precluded the
Spokane Tribe from bringing a civil action for damages
under that Act;
(11) the inability of the Spokane Tribe to bring a civil
action before the Indian Claims Commission can be attributed to
a combination of factors, including--
(A) the failure of the Bureau of Indian Affairs to
carry out its advisory responsibilities in accordance
with that Act; and
(B) an attempt by the Commissioner of Indian
Affairs to impose improper requirements on claims
attorneys retained by Indian tribes, which caused
delays in retention of counsel and full investigation
of the potential claims of the Spokane Tribe;
(12) as a consequence of construction of the Grand Coulee
Dam project, the Spokane Tribe--
(A) has suffered the loss of--
(i) the salmon fishery on which the Spokane
Tribe was dependent;
(ii) identified hydropower sites that the
Spokane Tribe could have developed; and
(iii) hydropower revenues that the Spokane
Tribe would have received under the Federal
Power Act (16 U.S.C. 791a et seq.) had the
project not been federalized; and
(B) continues to lose hydropower revenues that the
Federal Government recognized were owed to the Spokane
Tribe at the time at which the project was constructed;
and
(13) more than 39 percent of the land owned by Indian
tribes or members of Indian tribes that was used for the Grand
Coulee Dam project was land of the Spokane Tribe.
SEC. 3. STATEMENT OF PURPOSE.
The purpose of this Act is to provide fair and equitable
compensation to the Spokane Tribe, using the same proportional basis as
was used in providing compensation to the Confederated Tribes of the
Colville Reservation, for the losses suffered as a result of the
construction and operation of the Grand Coulee Dam project.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Bonneville Power Administration.
(2) Confederated tribes act.--The term ``Confederated
Tribes Act'' means the Confederated Tribes of the Colville
Reservation Grand Coulee Dam Settlement Act (Public Law 103-
436; 108 Stat. 4577).
(3) Fund account.--The term ``Fund Account'' means the
Spokane Tribe of Indians Settlement Fund Account established
under section 5(a).
(4) Spokane tribe.--The term ``Spokane Tribe'' means the
Spokane Tribe of Indians of the Spokane Reservation,
Washington.
SEC. 5. SETTLEMENT FUND ACCOUNT.
(a) Establishment of Account.--There is established in the Treasury
an interest bearing account to be known as the ``Spokane Tribe of
Indians Settlement Fund Account''.
(b) Deposit of Amounts.--
(1) Initial deposit.--On the date on which funds are made
available to carry out this Act, the Secretary of the Treasury
shall deposit in the Fund Account, as payment and satisfaction
of the claim of the Spokane Tribe for use of land of the
Spokane Tribe for generation of hydropower for the period
beginning on June 29, 1940, and ending on November 2, 1994, an
amount that is equal to 39.4 percent of the amount paid to the
Confederated Tribes of the Colville Reservation under section
5(a) of the Confederated Tribes Act, adjusted to reflect the
change, during the period beginning on the date on which the
payment described in subparagraph (A) was made to the
Confederated Tribes of the Colville Reservation and ending on
the date of enactment of this Act, in the Consumer Price Index
for all urban consumers published by the Department of Labor.
(2) Subsequent deposits.--On September 30 of the first
fiscal year that begins after the date of enactment of this
Act, and on September 30 of each of the 5 fiscal years
thereafter, the Administrator of the Bonneville Power
Administration shall deposit in the Fund Account an amount that
is equal to 7.88 percent of the amount authorized to be paid to
the Confederated Tribes of the Colville Reservation under
section 5(b) of the Confederated Tribes Act through the end of
the fiscal year during which this Act is enacted, adjusted to
reflect the change, during the period beginning on the date on
which the payment to the Confederated Tribes of the Colville
Reservation was first made and ending on the date of enactment
of this Act, in the Consumer Price Index for all urban
consumers published by the Department of Labor.
(c) Annual Payments.--On September 1 of the first fiscal year after
the date of enactment of this Act, and annually thereafter, the
Administrator (or the head of any successor agency) shall pay to the
Spokane Tribe an amount that is equal to 39.4 percent of the annual
payment authorized to be paid to the Confederated Tribes of the
Colville Reservation under section 5(b) of the Confederated Tribes Act
for the fiscal year.
SEC. 6. USE AND TREATMENT OF SETTLEMENT FUNDS.
(a) Transfer of Funds to Spokane Tribe.--
(1) Initial transfer.--Not later than 60 days after the
date on which the Secretary of the Treasury receives from the
Spokane Business Council written notice of the adoption by the
Spokane Business Council of a resolution requesting that the
Secretary of the Treasury execute the transfer of settlement
funds described in section 5(a), the Secretary of the Treasury
shall transfer all or a portion of the settlement funds, as
appropriate, to the Spokane Business Council.
(2) Subsequent transfers.--If not all funds described in
section 5(a) are transferred to the Spokane Business Council
under an initial transfer request described in paragraph (1),
the Spokane Business Council may make subsequent requests for,
and the Secretary of the Treasury may execute subsequent
transfers of, those funds.
(b) Use of Initial Payment Funds.--Of the settlement funds
described in subsections (a) and (b) of section 5--
(1) 25 percent shall be--
(A) reserved by the Spokane Business Council; and
(B) used for discretionary purposes of general
benefit to all members of the Spokane Tribe; and
(2) 75 percent shall be used by the Spokane Business
Council to carry out--
(A) a resource development program;
(B) a credit program;
(C) a scholarship program; or
(D) a reserve, investment, and economic development
program.
(c) Use of Annual Payment Funds.--Annual payments made to the
Spokane Tribe under section 5(c) may be used or invested by the Spokane
Tribe in the same manner and for the same purposes as other tribal
governmental funds.
(d) Approval by Secretary.--Notwithstanding any other provision of
law--
(1) the approval of the Secretary of the Treasury or the
Secretary of the Interior for any payment, distribution, or use
of the principal, interest, or income generated by any
settlement funds transferred or paid to the Spokane Tribe under
this Act shall not be required; and
(2) the Secretary of the Treasury and the Secretary of the
Interior shall have no trust responsibility for the investment,
supervision, administration, or expenditure of those funds
after the date on which the funds are transferred to or paid to
the Spokane Tribe.
(e) Treatment of Funds for Certain Purposes.--The payments and
distributions of any portion of the principal, interest, and income
generated by the settlement funds described in section 5 shall be
treated in the same manner as payments or distributions under section 6
of the Saginaw Chippewa Indian Tribe of Michigan Distribution of
Judgment Funds Act (Public Law 99-346; 100 Stat. 677).
(f) Tribal Audit.--After the date on which the settlement funds
described in section 5 are transferred or paid to the Spokane Tribe,
the funds--
(1) shall be considered to be Spokane Tribe governmental
funds; and
(2) shall be subject to an annual tribal governmental
audit.
SEC. 7. REPAYMENT CREDIT.
(a) In General.--For the first fiscal year that begins after the
date of enactment of this Act, and for each subsequent fiscal year in
which annual payments are made under this Act, the Administrator shall
deduct from the interest payable to the Secretary of the Treasury from
net proceeds (as defined in section 13 of the Federal Columbia River
Transmission System Act (16 U.S.C. 838k)), a percentage of the payment
made to the Spokane Tribe for the preceding fiscal year.
(b) Calculation.--The percentage deducted under subsection (a)
shall be calculated and adjusted to ensure that the Bonneville Power
Administration receives a deduction comparable to that which the
Bonneville Power Administration receives for payments made to the
Confederated Tribes of the Colville Reservation under to the
Confederated Tribes Act.
(c) Crediting.--
(1) Deductions.--
(A) In general.--Except as provided in subparagraph
(B), each deduction made under this section shall be--
(i) credited to the interest payments
otherwise payable by the Administrator to the
Secretary of the Treasury during the fiscal
year in which the deduction is made; and
(ii) allocated pro rata to all interest
payments on debt associated with the generation
function of the Federal Columbia River Power
System that are due during that fiscal year.
(B) Exception.--If, for any fiscal year, the amount
of a deduction described in subparagraph (A) is greater
than the amount of interest due on debt associated with
the generation function for the fiscal year, the amount
of the deduction that exceeds the interest due on debt
associated with the generation function shall be
allocated pro rata to all other interest payments due
during that fiscal year.
(2) Other programs.--To the extent that a deduction
described in paragraph (1) exceeds the amount of interest
described in that paragraph, the deduction shall be applied as
a credit against any other payments that the Administrator
makes to the Secretary of the Treasury.
SEC. 8. SATISFACTION OF CLAIMS.
Payment by the Administrator under section 5 constitutes full
satisfaction of the claim of Spokane Tribe to a fair share of the
annual hydropower revenues generated by the Grand Coulee Dam project
from June 29, 1940, through the fiscal year preceding the fiscal year
in which this Act is enacted.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Spokane Tribe of Indians of the Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement Act - Establishes in the Treasury the Spokane Tribe of Indians Settlement Fund Account.Requires the payment of compensation to the Spokane Tribe for the use of their lands for the generation of hydropower from the Grand Coulee Dam project. Bases such payments on the settlement paid to the Confederated Tribes of the Colville Reservation, pursuant to the Confederated Tribes Act, adjusted for inflation.Directs the Secretary of the Treasury to make an initial payment in satisfaction of Spokane Tribe claims from June 29, 1940, through November 2, 1994.Requires the Administrator of the Bonneville Power Administration to make subsequent payments, including one for six years only and annual payments.Requires the Secretary to transfer settlement funds to the Spokane Business Council, at their request. Requires 75 percent of such funds to be used for programs for resource development, credit, scholarship, and economic development. Subjects such funds to tribal control and audit.Entitles the Bonneville Power Administration to a deduction from interest otherwise payable to the Secretary for a percentage of payments made to the Spokane Tribe on a comparable basis to that allowed for payments to the Confederated Tribes of the Colville Reservation.States that payments under this Act constitute full satisfaction of Spokane Tribe claims against annual hydropower revenues of the Grand Coulee Dam project. | {"src": "billsum_train", "title": "A bill to provide for equitable compensation of the Spokane Tribe of Indians of the Spokane Reservation in settlement of claims of the Tribe concerning the contribution of the Tribe to the production of hydropower by the Grand Coulee Dam, and for other purposes."} | 3,310 | 326 | 0.57052 | 1.858456 | 0.784952 | 3.156627 | 11.795181 | 0.915663 |
SECTION 1. STRATEGIC TRANSFORMER RESERVE PROGRAM.
(a) Finding.--Congress finds that the storage of strategically
located spare large power transformers will diminish the vulnerability
of the United States to multiple risks facing electric grid
reliability, including physical attack, cyber attack, electromagnetic
pulse, geomagnetic disturbances, severe weather, and seismic events.
(b) Definitions.--In this section:
(1) Bulk-power system.--The term ``bulk-power system'' has
the meaning given such term in section 215(a) of the Federal
Power Act (16 U.S.C. 824o(a)).
(2) Critically damaged large power transformer.--The term
``critically damaged large power transformer'' means a large
power transformer that--
(A) has sustained extensive damage such that--
(i) repair or refurbishment is not
economically viable; or
(ii) the extensive time to repair or
refurbish the large power transformer would
create an extended period of instability in the
bulk-power system; and
(B) prior to sustaining such damage was part of the
bulk-power system.
(3) Large power transformer.--The term ``large power
transformer'' means a power transformer, including related
critical equipment, that is, or is intended to be, a part of
the bulk-power system, with a maximum nameplate rating of 100
megavolt-amperes or higher.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) Spare large power transformer.--The term ``spare large
power transformer'' means a large power transformer that is
stored within the Strategic Transformer Reserve to be available
to temporarily replace a critically damaged large power
transformer.
(c) Strategic Transformer Reserve Plan.--
(1) Plan.--Not later than one year after the date of
enactment of this Act, the Secretary, acting through the Office
of Electricity Delivery and Energy Reliability, shall prepare
and submit to Congress for approval a plan to establish a
Strategic Transformer Reserve for the storage, in strategically
located facilities, of spare large power transformers in
sufficient numbers to temporarily replace critically damaged
large power transformers.
(2) Inclusions.--The Strategic Transformer Reserve plan
shall include a description of--
(A) the appropriate number of spare large power
transformers and total capacity in megawatts necessary
in the Strategic Transformer Reserve to provide or
restore sufficient resiliency to the bulk-power system
to mitigate significant impacts to the electric grid
resulting from--
(i) physical attack;
(ii) cyber attack;
(iii) electromagnetic pulse attack;
(iv) geomagnetic disturbances;
(v) severe weather; or
(vi) seismic events;
(B) the potential locations for, and feasibility
and appropriate number of, strategic storage locations,
including consideration of--
(i) the physical security of such
locations;
(ii) the protection of the confidentiality
of such locations; and
(iii) the proximity of such locations to
sites of potentially critically damaged large
power transformers, so as to enable efficient
delivery of spare large power transformers to
such sites;
(C) the degree of flexibility of spare large power
transformers in the Strategic Transformer Reserve to
conform to different substation configurations,
including consideration of transformer--
(i) power and voltage rating for each
winding;
(ii) overload requirements;
(iii) impedance between windings;
(iv) configuration of windings; and
(v) tap requirements;
(D) an estimate of the direct cost of the Strategic
Transformer Reserve, as proposed, including--
(i) the cost of storage facilities for the
spare large power transformers;
(ii) the cost of the spare large power
transformers; and
(iii) management, maintenance, and
operation costs;
(E) the funding options available to establish,
stock, manage, and maintain the Strategic Transformer
Reserve, including consideration of public-private
cost-sharing options;
(F) the ease and speed of transportation,
installation, and energization of spare large power
transformers, including consideration of factors such
as--
(i) transformer transportation weight;
(ii) transformer size;
(iii) topology of critical substations;
(iv) availability of appropriate
transformer mounting pads;
(v) flexibility of the spare large power
transformers as described in subparagraph (C);
and
(vi) ability to rapidly transition a spare
large power transformer from storage to
energization;
(G) eligibility criteria for withdrawal of spare
large power transformers from the Strategic Transformer
Reserve to replace critically damaged large power
transformers, including consideration of related
existing industry programs;
(H) the process by which owners of critically
damaged large power transformers may apply for a
withdrawal from the Strategic Transformer Reserve;
(I) the process by which spare large power
transformers withdrawn from the Strategic Transformer
Reserve are returned to the Strategic Transformer
Reserve;
(J) any cost-share or rental fees determined
appropriate for restocking returned spare large power
transformers to the Strategic Transformer Reserve to be
paid by owners of critically damaged large power
transformers that have withdrawn such spare large power
transformers; and
(K) other considerations for designing,
constructing, stocking, and managing the Strategic
Transformer Reserve.
(d) Congressional Approval of Strategic Transformer Reserve Plan.--
The Secretary may not establish a Strategic Transformer Reserve until
Congress has approved the plan submitted pursuant to subsection (c).
(e) Restriction.--No funds may be used by the Secretary to
establish a Strategic Transformer Reserve without prior Congressional
approval of the plan submitted pursuant to subsection (c). | This bill requires the Department of Energy (DOE), acting through the Office of Electricity Delivery and Energy Reliability, to submit to Congress a plan to establish a Strategic Transformer Reserve for the storage, in strategically located facilities, of spare large power transformers in sufficient numbers to temporarily replace critically damaged large power transformers. DOE may not establish a Strategic Transformer Reserve until Congress has approved the plan. | {"src": "billsum_train", "title": "To establish a Strategic Transformer Reserve program, and for other purposes."} | 1,221 | 85 | 0.64924 | 1.778413 | 1.364653 | 5.636364 | 14.922078 | 0.909091 |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Wyandotte Nation has a valid interest in certain
lands located in the Fairfax Business District in Wyandotte
County, Kansas, that are located within the Nation's
reservation established pursuant to an agreement between the
Wyandotte Nation and the Delaware Nation dated December 14,
1843, which agreement was ratified by the Senate on July 25,
1848.
(2) The Wyandotte Nation filed a lawsuit, Wyandotte Nation
v. Unified Government of Kansas City and Wyandotte County,
Kansas, U.S. D.C. Kan., Case No. 012303-CM, against certain
landowners within the Fairfax Business District to ascertain
and adjudicate ownership of lands that were once owned and held
in trust by the United States for the benefit of the Wyandotte
Nation but were not conveyed to the United States by the
Wyandotte Nation pursuant to the Treaty of January 31, 1855.
(3) The Lawsuit also contends that certain major roads in
Kansas City encroach upon a certain parcel of land, known as
the Huron Cemetery, which was reserved for the Wyandotte Nation
in the Treaty of January 31, 1855.
(4) The pendency of this Lawsuit has resulted in severe
economic hardships for the residents of the Fairfax Business
District of Wyandotte County, Kansas, by clouding title to much
of the land within that District.
(5) Congress shares with the residents of the Fairfax
Business District of Wyandotte County, Kansas, a desire to
remove all clouds on title resulting from the Lawsuit without
additional cost or expense to either the United States, the
State of Kansas, the Unified Government of Kansas City and
Wyandotte County, Kansas, and all other landowners within the
Fairfax Business District of Wyandotte County, Kansas.
(6) The Wyandotte Nation and the Unified Government of
Kansas City and Wyandotte County have reached an agreement
settling the Lawsuit which requires implementing legislation by
the Congress of the United States.
(b) Purposes.--The purposes of this Act are as follows:
(1) To settle the Lawsuit.
(2) To direct the Secretary to take into trust for the
benefit of the Wyandotte Nation the Settlement Lands in
settlement of the Wyandotte Nation's Lawsuit and land claims
asserted therein.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Kansas lands.--The term ``Kansas Lands'' means all of
the lands described and identified as Gifted Lands and Accreted
Lands in the Wyandotte Nation's complaint filed in the Lawsuit,
as well as those portions of Seventh Street and Minnesota
Avenue located within Kansas City, Kansas, which the Wyandotte
Nation claim in the Lawsuit were included within the Huron
Cemetery under the Treaty of January 31, 1855.
(2) Lawsuit.--The term ``Lawsuit'' means Wyandotte Nation
v. Unified Government of Kansas City and Wyandotte County,
Kansas, U.S. D.C. Kan., Case No. 012303-CM.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Settlement lands.--The term ``Settlement Lands'' means
the following parcel of real property located in the City of
Edwardsville, Wyandotte County, Kansas, which the United States
shall hold in trust for the Wyandotte Nation as part of the
settlement of the claims of the Wyandotte Nation to the Kansas
Lands: Legal description as recited in Quit Claim Deed filed
for record as Parcel I.D. 944806, book 3190 at page 198 and
book 4408 at page 789 in the Wyandotte County Register of Deeds
Office.
(5) Unified government.--The term ``Unified Government''
means the Unified Government of Kansas City and Wyandotte
County, Kansas.
(6) Wyandotte nation.--The term ``Wyandotte Nation'' means
the Wyandotte Nation, a federally recognized Indian tribe.
SEC. 3. ACCEPTANCE OF SETTLEMENT LANDS.
(a) Trust Status.--Concurrently with the relinquishment by the
Wyandotte Nation of any and all claims to the Kansas Lands and
dismissal with prejudice of the Lawsuit, the Secretary shall take the
Settlement Lands into trust for the benefit of the Wyandotte Nation as
part of the settlement of the Wyandotte Nation's land claims to the
Kansas Lands asserted in the Lawsuit, if there are no adverse legal
claims on the Settlement Lands, including outstanding liens, mortgages,
or taxes owed. The Secretary's taking of the Settlement Lands into
trust for the benefit of the Wyandotte Nation under this Act is a
mandatory trust acquisition, and the terms and provisions of the Act of
June 18, 1934 (popularly known as the Indian Reorganization Act; 25
U.S.C. 461 et seq.), and the regulations and standards set forth in
part 151 of title 25, Code of Federal Regulations, shall not apply to
the Secretary's taking of the Settlement Lands into trust for the
benefit of the Wyandotte Nation under this Act.
(b) Settlement of Land Claims.--The Settlement Lands are taken into
trust as provided in this section as part of the settlement of the
Wyandotte Nation's land claims to the Kansas Land asserted in the
Lawsuit within the meaning of section 20(b)(1)(B)(i) of the Indian
Gaming Regulatory Act.
(c) Status of Settlement Land.--Upon the Secretary taking the
Settlement Lands into trust for the benefit of the Wyandotte Nation
under this Act, the Settlement Lands shall become a reservation of the
Wyandotte Nation.
(d) Application of the Kansas Act.--Upon the Secretary taking the
Settlement Lands into trust for the benefit of the Wyandotte Nation
under this Act, the Act of June 25, 1948 (popularly known as the Kansas
Act; 18 U.S.C. 3243), shall apply to the Settlement Lands.
SEC. 4. EXTINGUISHMENT OF TITLE AND CLAIMS.
(a) Approval and Ratification of Prior Transfers.--Any transfer,
before the date of enactment of this Act, of land or natural resources
located within the boundaries of the Kansas Lands from, by, or on
behalf of any Indian, Indian nation, or tribe or band of Indians or any
member thereof, shall be deemed to have been made in accordance with
the Constitution and all laws of the United States, including, without
limitation, the Trade and Intercourse Act of 1790, Act of July 22, 1790
(ch. 33, sec. 4; 1 Stat. 137), and Congress hereby does approve and
ratify such transfers effective as of the date of such transfers.
(b) Aboriginal Title Extinguished.--Any aboriginal title held by
any Indian, Indian nation, or tribe or band of Indians or any member
thereof to any land or natural resources located within the boundaries
of the Kansas Lands, the transfer of which was approved and ratified by
subsection (a), shall be regarded as extinguished as of the date of
such transfer.
(c) Extinguishment of Claims.--The transfer of the Settlement Lands
to the Secretary in trust for the benefit of the Wyandotte Nation as
part of the settlement of the Nation's land claims asserted in the
Lawsuit of the Wyandotte Nation under this Act shall be conditioned
upon receipt by the Secretary of a duly enacted resolution of the
elected tribal council or business committee of the Wyandotte Nation
agreeing to the extinguishment of all claims (including any claims
based upon aboriginal title) against the United States, the Unified
Government, or any person or entity by the Wyandotte Nation in
connection with the Kansas Lands (including, without limitation, claims
for hunting, trapping, trespass, damages, use, or occupancy) as
provided in this Act, and agreeing to the extinguishment of any claims
against the United States based upon the enactment of this Act. The
extinguishment of these claims is in consideration for the benefits to
the Wyandotte Nation under this Act.
SEC. 5. COMPACT WITH THE STATE OF KANSAS.
(a) Compact Procedures.--If the State of Kansas and the Wyandotte
Nation have not entered into a tribal-State compact under section 11(d)
of the Indian Gaming Regulatory Act within 90 days after the date of
enactment of this Act, the Secretary shall, in consultation with the
Wyandotte Nation and the State of Kansas, prescribe procedures for the
conduct of gaming activities on the Settlement Lands which are
consistent with the provisions of the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.) and the relevant provisions of the laws of the
State of Kansas.
(b) Surrender of Certain Other Rights.--The prescription of
procedures under subsection (a) shall be conditioned upon the
Secretary's receipt of a duly enacted resolution of the elected tribal
council or business committee of the Wyandotte Nation agreeing that
upon commencement of the Wyandotte Nation's operations on the
Settlement Lands as contemplated under section 11(d) of the Indian
Gaming Regulatory Act, the Wyandotte Nation will permanently renounce,
surrender, and forgo any and all rights the Wyandotte Nation may have
under the Indian Gaming Regulatory Act with respect to any Indian lands
of the Wyandotte Nation, within the scope of section 4 of the Indian
Gaming Regulatory Act, located within the external boundaries of
Wyandotte County, Kansas, with the exception of the Settlement Lands.
SEC. 6. PRACTICE AND PROCEDURE.
(a) Limitation of Action.--Notwithstanding any other provision of
law, any action to contest the constitutionality or validity under law
of this Act shall be barred unless the action is filed on or before the
date which is 180 days after the date of the enactment of this Act.
Exclusive jurisdiction over any such action is hereby vested in the
United States District Court for the District of Kansas.
(b) Actions by the Secretary.--When administering this Act, the
Secretary shall be aware and mindful of the trust responsibility of the
United States to the Wyandotte Nation and shall take such actions as
may be necessary or appropriate to carry out this Act.
(c) Separability of Provisions.--In the event that any provision of
this Act is held invalid, it is the intent of Congress that the entire
Act be invalidated. | Requires the Secretary of the Interior to take specified Settlement Lands into trust for the benefit of the Wyandotte Nation as part of the settlement of claims in a certain lawsuit of the Wyandotte Nation against the United Government of Kansas City and Wyandotte County, Kansas, if there are no adverse legal claims on the Settlement Lands. Declares this action a mandatory trust acquisition.Declares transfers of land or natural resources within the Settlement Lands made before the enactment of this Act to be valid. Extinguishes any aboriginal title held by any Indian, Indian nation, or tribe or band of Indians on Settlement Lands. Conditions the transfer of the Settlement Lands to the Secretary in trust as part of this claims settlement upon the Secretary's receipt of a duly enacted resolution of the elected tribal council or business committee of the Wyandotte Nation agreeing to the extinguishment of all claims against the United States, the Unified Government, or any person or entity.Declares that if the State of Kansas and the Wyandotte Nation have not entered into a tribal-State compact under the Indian Gaming Regulatory Act within 90 days, the Secretary shall prescribe gaming procedures on the Settlement Lands. | {"src": "billsum_train", "title": "To provide for and approve settlement of certain land claims of the Wyandotte Nation, and for other purposes."} | 2,378 | 271 | 0.578038 | 1.913406 | 0.787566 | 6.004651 | 9.334884 | 0.972093 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freight Infrastructure Reinvestment
Act of 2013''.
SEC. 2. NATIONAL FREIGHT MOBILITY INFRASTRUCTURE IMPROVEMENT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
a National Freight Mobility Infrastructure Improvement Program under
which the Secretary is authorized to make grants, on a competitive
basis, to States and designated entities for eligible costs associated
with projects to improve efficiency and capacity with respect to
freight mobility in the United States.
(b) Grant Applications.--
(1) In general.--To be eligible to receive a grant under
the program a State or designated entity shall submit to the
Secretary an application at such time, in such form, and
containing such information as the Secretary may require.
(2) Solicitation.--The Secretary shall conduct a national
solicitation for applications under the program.
(c) Grant Criteria.--
(1) Establishment.--The Secretary, in accordance with this
subsection, shall establish criteria for selecting among
applications submitted for grants under the program.
(2) Requirements.--A project is eligible for a grant under
the program only if the Secretary determines that the project--
(A) is of national or regional significance,
including projects to assist--
(i) the construction of grade separations
at railroad, highway, and railroad-highway
junctions;
(ii) the construction of railroad bypasses
and spurs;
(iii) the construction of railroad side
tracks;
(iv) the expansion of rail and highway
tunnels to accommodate wider, taller, and
additional volumes of vehicular and rail
freight and container stacks;
(v) the addition of railroad track and
intermodal facilities at international
gateways, land, air, and sea ports, points of
congestion, and logistic centers;
(vi) highway and road construction
(including reinforcement for heavy weight
vehicles and heavy traffic volume) at
international gateways, land, air, and sea
ports, points of congestion, and logistic
centers to better accommodate and speed the
flow of freight traffic;
(vii) the construction and improvement of
rail and highway bridges that carry a
substantial amount of freight;
(viii) the construction of highway ramps
built to carry a substantial amount of freight;
and
(ix) the construction of highway lanes,
including lanes that segregate freight and
passenger vehicular traffic;
(B) will improve freight mobility, capacity, and
efficiency in the United States;
(C) is cost effective;
(D) is based on the results of preliminary
engineering;
(E) is justified based on the extent to which the
project--
(i) will enhance State, regional, or
national economic development, performance, and
efficiency as measured by--
(I) the creation of new businesses
and jobs and the retention of existing
businesses and jobs;
(II) State and local tax receipts;
and
(III) improved safety, as measured
by reductions in accidents, injuries,
and fatalities; and
(ii) will maximize economic opportunities
for communities; and
(F) is supported by an acceptable degree of non-
Federal financial commitments, including that--
(i) the project provides for the
availability of contingency amounts that, as
determined by the Secretary, are reasonable to
cover unanticipated cost increases; and
(ii) each proposed non-Federal source of
financing is stable, reliable, and available
within the project timetable.
(3) Considerations.--In selecting a project for a grant
under the program, the Secretary shall consider the extent to
which the project--
(A) meets the requirements specified in paragraph
(2);
(B) complements and supports the objectives of
applicable freight plans developed by States under
section 1118 of MAP-21 (23 U.S.C. 167 note);
(C) facilitates freight throughput of higher volume
and values;
(D) uses operational efficiencies, including
intelligent transportation systems, that enhance the
efficiency or effectiveness (or both) of the project;
(E) helps maintain or protect the environment; and
(F) improves or enhances segments of the primary
freight network designated under section 167(d) of
title 23, United States Code.
(d) Notice to Congress.--Not less than 90 days before making a
grant under the program, the Secretary shall submit to Congress written
notice of the grant.
(e) Funding.--The Secretary shall carry out the program using
amounts made available to the Secretary from the National Freight
Mobility Infrastructure Fund established under section 9512 of the
Internal Revenue Code of 1986.
(f) Limitation on Grant Distribution.--Not more than 10 percent of
the amounts available during a fiscal year for grants under the program
may be used for projects located in a single State.
(g) Full Funding Grant Agreements.--The Secretary may enter into a
grant under the program that provides funding for a project in more
than one fiscal year. An agreement for such a grant shall--
(1) establish the maximum amount of Federal financial
assistance for the project;
(2) establish the time period for Federal financial
assistance for the project;
(3) provide grant funds for the fiscal year in which the
grant is made; and
(4) include a commitment, that is not an obligation of the
Federal Government and that is contingent on the availability
of funds, for grant amounts to be provided in fiscal years
following the fiscal year in which the grant is made.
(h) Non-Federal Financial Commitments.--
(1) Federal share.--The Federal share of the cost of a
project for which a grant is made under the program, as
estimated by the Secretary, shall be not more than 80 percent.
(2) Considerations.--In assessing the stability,
reliability, and availability of proposed sources of non-
Federal financing for purposes of subsection (c)(2)(F)(ii), the
Secretary shall consider--
(A) existing financial commitments;
(B) the degree to which financing sources are
dedicated to the purposes proposed;
(C) any debt obligation that exists or is proposed
by the grant recipient for the proposed project; and
(D) the extent to which the project has a non-
Federal financial commitment that exceeds the required
non-Federal share of the cost of the project.
(i) Highway Construction.--A grant made to assist the construction
of a highway under the program shall be subject to the requirements
relating to such construction under title 23, United States Code.
(j) Other Terms and Conditions.--The Secretary shall ensure that
all grants made under the program are subject to terms, conditions, and
requirements that the Secretary decides are necessary or appropriate
for purposes of this section, including requirements for the
disposition of net increases in the value of real property resulting
from the project assisted under the program.
(k) Administrative Costs.--In carrying out the program, the
Secretary shall seek to minimize administrative costs, including
overhead, enforcement, and auditing costs related to the program.
(l) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the activities of the
Secretary under the program.
(m) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue regulations to carry
out this section.
(n) Definitions.--In this section, the following definitions apply:
(1) Designated entity.--The term ``designated entity''
means--
(A) an entity designated by the chief executive
officer of a State (or the chief executive officer's
designee) as eligible to apply for and receive funding
under the program;
(B) a regional authority responsible under the laws
of a State for a project eligible for funding under the
program; and
(C) a public port.
(2) Eligible costs.--The term ``eligible costs'' means the
costs of a project with respect to--
(A) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, preliminary engineering and
design work, and other preconstruction activities; and
(B) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to
a project and improvements to land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements.
(3) Program.--The term ``program'' means the National
Freight Mobility Infrastructure Improvement Program established
under subsection (a).
(4) State.--The term ``State'' has the meaning given such
term in section 101(a) of title 23, United States Code.
SEC. 3. FREIGHT MOBILITY INFRASTRUCTURE TAX.
(a) Imposition of Tax.--Chapter 33 of the Internal Revenue Code of
1986 is amended by adding after subchapter C the following new
subchapter:
``Subchapter D--Transportation by Freight and Highway
``Sec. 4286. Imposition of tax.
``SEC. 4286. IMPOSITION OF TAX.
``(a) In General.--There is hereby imposed upon taxable ground
transportation of property within the United States a tax equal to 1
percent of the amount paid for such transportation.
``(b) By Whom Paid.--
``(1) In general.--Except as provided by paragraph (2), the
tax imposed by subsection (a) shall be paid--
``(A) by the person making the payment subject to
tax, or
``(B) in the case of transportation by a related
person, by the person for whom such transportation is
made.
``(2) Payments made outside the united states.--If a
payment subject to tax under subsection (a) is made outside the
United States and the person making such payment does not pay
such tax, such tax--
``(A) shall be paid by the person to whom the
property is delivered in the United States after the
final segment of transportation in the United States,
and
``(B) shall be collected by the person furnishing
the last segment of such transportation.
``(3) Determinations of amounts paid in certain cases.--For
purposes of this section, rules similar to the rules of section
4271(c) shall apply.
``(c) Transportation by Related Persons.--In the case of
transportation of property by the taxpayer or a person related to the
taxpayer, the fair market value of such transportation shall be the
amount which would be paid for transporting such property if such
property were transported by an unrelated person, determined on an
arms' length basis.
``(d) Definitions.--For purposes of this subchapter--
``(1) Taxable ground transportation.--
``(A) In general.--The term `taxable ground
transportation' means transportation of property by--
``(i) freight rail, or
``(ii) commercial motor vehicle (as defined
in section 31101(1) of title 49, United States
Code) for a distance of more than 50 miles.
``(B) Passenger baggage excluded.--For purposes of
subparagraph (A), the term `property' does not include
baggage accompanying a passenger traveling on an
established line.
``(2) Related person.--A person (hereinafter in this
paragraph referred to as the `related person') is related to
any person if--
``(A) the related person bears a relationship to
such person specified in section 267(b) or 707(b)(1),
or
``(B) the related person and such person are
engaged in trades or businesses under common control
(within the meaning of subsections (a) and (b) of
section 52).
For purposes of the preceding sentence, in applying section
267(b) and 707(b)(1), `10 percent' shall be substituted for `50
percent'.
``(e) Transfer of Amounts Equivalent to Tax to National Freight
Mobility Infrastructure Fund.--There are hereby appropriated to the
National Freight Mobility Infrastructure Fund amounts equivalent to the
taxes received in the Treasury under subsection (a).
``(f) Exemption for United States and Possessions and State and
Local Governments.--The tax imposed by subsection (a) shall not apply
to the transportation of property purchased for the exclusive use of
the United States, or any State or political subdivision thereof.''.
(b) Credits or Refunds to Persons Who Collected Certain Taxes.--
Section 6415 of such Code is amended by striking ``or 4271'' each place
it appears and inserting ``4271, or 4286''.
(c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury shall issue
regulations to carry out the amendments made by this section.
(d) Effective Date.--The amendments made by this section shall
apply to transportation beginning on or after the last day of the 180-
day period beginning on the date of the issuance of regulations under
subsection (c).
SEC. 4. NATIONAL FREIGHT MOBILITY INFRASTRUCTURE FUND.
Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:
``SEC. 9512. NATIONAL FREIGHT MOBILITY INFRASTRUCTURE FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `National Freight
Mobility Infrastructure Fund' (hereinafter in this section referred to
as the `Fund') consisting of such amounts as may be appropriated or
credited to such Fund as provided in this section or section 9602(b).
``(b) Transfers to the Fund.--There are hereby appropriated to the
Fund amounts equivalent to taxes received in the Treasury under section
4286.
``(c) Expenditures From Fund.--Amounts in the Fund shall be made
available to the Secretary of Transportation for each of the fiscal
years 2014 to 2039, without further appropriation, for making
expenditures to meet the obligations of the United States to carry out
section 2 of the Freight Infrastructure Reinvestment Act of 2013, not
more than 4 percent of which for any fiscal year may be used for
administrative expenses.''. | Freight Infrastructure Reinvestment Act of 2013 - Directs the Secretary of Transportation (DOT) to establish a National Freight Mobility Infrastructure Improvement Program to award competitive grants to states and designated entities for eligible costs of projects to improve the efficiency and capacity of freight mobility in the United States. Amends the Internal Revenue Code to establish a National Freight Mobility Infrastructure Fund to carry out projects under this Act. Imposes a tax on taxable ground transportation of property equal to 1% of its fair market value. Requires transfer into the Fund of amounts equivalent to the tax. | {"src": "billsum_train", "title": "Freight Infrastructure Reinvestment Act of 2013"} | 3,175 | 123 | 0.533837 | 1.298219 | 0.588569 | 3.423077 | 27.913462 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Benefits Fairness
Act of 2007''.
SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT.
(a) Old-Age and Survivors Insurance Benefits.--Section 202 of the
Social Security Act (42 U.S.C. 402) is amended by adding at the end the
following new subsection:
``Last Payment of Monthly Insurance Benefit Terminated by Death
``(z)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment of an individual's benefit under this section for
the month in which such individual dies shall be made in accordance
with section 204(d).''.
(b) Disability Insurance Benefits.--Section 223 of such Act (42
U.S.C. 423) is amended by adding at the end the following new
subsection:
``Last Payment of Benefit Terminated by Death
``(k)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment of an individual's benefit under this section for
the month in which such individual dies shall be made in accordance
with section 204(d).''.
(c) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228 of such Act (42 U.S.C. 428) is amended by adding at the end the
following new subsection:
``Last Payment of Benefit Terminated by Death
``(i)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment of an individual's benefit under this section for
the month in which such individual dies shall be made in accordance
with section 204(d).''.
SEC. 3. CONFORMING AMENDMENTS REGARDING PAYMENT OF BENEFITS FOR MONTH
OF RECIPIENT'S DEATH.
(a) Old-Age Insurance Benefits.--Section 202(a) of the Social
Security Act (42 U.S.C. 402(a)) is amended by striking ``the month
preceding'' in the matter following subparagraph (B).
(b) Wife's Insurance Benefits.--
(1) In general.--Section 202(b)(1) of such Act (42 U.S.C.
402(b)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which she dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(b)(5)(B) of such Act
(42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F),
(H), or (J)'' and inserting ``(E), (G), or (I)''.
(c) Husband's Insurance Benefits.--
(1) In general.--Section 202(c)(1) of such Act (42 U.S.C.
402(c)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which he dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(c)(5)(B) of such Act
(42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F),
(H), or (J)'' and inserting ``(E), (G), or (I)''.
(d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42
U.S.C. 402(d)(1)) is amended--
(1) by striking ``and ending with the month'' in the matter
immediately preceding subparagraph (D) and inserting ``and
ending with the month in which such child dies or (if earlier)
with the month''; and
(2) by striking ``dies, or'' in subparagraph (D).
(e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42
U.S.C. 402(e)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: she
remarries, dies,'' in the matter following subparagraph (F) and
inserting ``ending with the month in which she dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: she remarries, or''.
(f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act
(42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: he
remarries, dies,'' in the matter following subparagraph (F) and
inserting ``ending with the month in which he dies or (if earlier) with
the month preceding the first month in which any of the following
occurs: he remarries,''.
(g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of
such Act (42 U.S.C. 402(g)(1)) is amended--
(1) by inserting ``with the month in which he or she dies
or (if earlier)'' after ``and ending'' in the matter following
subparagraph (F); and
(2) by striking ``he or she remarries, or he or she dies''
and inserting ``or he or she remarries''.
(h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42
U.S.C. 402(h)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: such
parent dies, marries,'' in the matter following subparagraph (E) and
inserting ``ending with the month in which such parent dies or (if
earlier) with the month preceding the first month in which any of the
following occurs: such parent marries,''.
(i) Disability Insurance Benefits.--Section 223(a)(1) of such Act
(42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month
preceding whichever of the following months is the earliest: the month
in which he dies,'' in the matter following subparagraph (E) and
inserting the following: ``ending with the month in which he dies or
(if earlier) with whichever of the following months is the earliest:''.
(j) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the
month preceding'' in the matter following paragraph (4).
(k) Exemption From Maximum Benefit Cap.--Section 203 of such Act
(42 U.S.C. 403) is amended by adding at the end the following new
subsection:
``Exemption From Maximum Benefit Cap
``(m) Notwithstanding any other provision of this section, the
application of this section shall be made without regard to any benefit
of an individual under section 202, 223, or 228 for the month in which
such individual dies.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after 180 days after the date of the enactment of this Act. | Social Security Benefits Fairness Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that, if an OASDI recipient dies during the first 15 days of a month, the last payment of the monthly benefit for that month shall be half the usual benefit amount. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to provide that a monthly insurance benefit thereunder shall be paid for the month in which the recipient dies, subject to a reduction of 50 percent if the recipient dies during the first 15 days of such month, and for other purposes."} | 2,188 | 82 | 0.539209 | 1.281873 | 0.372196 | 2.09375 | 28.078125 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Water Transportation
Budgeting Act''.
SEC. 2. BUDGETARY TREATMENT OF INLAND WATERWAYS TRUST FUND AND HARBOR
MAINTENANCE TRUST FUND.
Notwithstanding any other provision of law, the receipts and
disbursements of the Inland Waterways Trust Fund and the Harbor
Maintenance Trust Fund--
(1) shall not be counted as new budget authority, outlays,
receipts, or deficit or surplus for purposes of--
(A) the budget of the United States Government as
submitted by the President,
(B) the congressional budget (including allocations
of budget authority and outlays provided therein), or
(C) the Balanced Budget and Emergency Deficit
Control Act of 1985; and
(2) shall be exempt from any general budget limitation
imposed by statute on expenditures and net lending (budget
outlays) of the United States Government.
SEC. 3. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF THE INLAND WATERWAYS
TRUST FUND AND HARBOR MAINTENANCE TRUST FUND.
(a) Estimates of Unfunded Inland Waterways Authorizations and Net
Inland Waterways Receipts.--Not later than March 31 of each year, the
Secretary of the Army, in consultation with the Secretary of the
Treasury, shall estimate--
(1) the amount which would (but for this section) be the
unfunded inland waterways authorizations and unfunded harbor
maintenance authorizations at the close of the first fiscal
year that begins after that March 31; and
(2) the net inland waterways receipts and net harbor
maintenance receipts at the close of such fiscal year.
(b) Procedure if Excess Unfunded Inland Waterways Authorizations.--
If the Secretary of the Army determines with respect to the Inland
Waterways Trust Fund or the Harbor Maintenance Trust Fund for any
fiscal year that the amount described in subsection (a)(1) exceeds the
amount described in subsection (a)(2), the Secretary shall determine
the amount of such excess.
(c) Adjustment of Authorizations if Unfunded Authorizations Exceed
Receipts.--
(1) Determination of percentage.--If the Secretary of the
Army determines that there is an excess referred to in
subsection (b) for a fiscal year, the Secretary of the Army
shall determine the percentage which--
(A) such excess, is of
(B) the total of the amounts authorized to be
appropriated from the Inland Waterways Trust Fund or
the Harbor Maintenance Trust Fund, as the case may be,
for the next fiscal year.
(2) Adjustment of authorizations.--If the Secretary of the
Army determines a percentage under paragraph (1), each amount
authorized to be appropriated from the Trust Fund for the next fiscal
year shall be reduced by such percentage.
(d) Availability of Amounts Previously Withheld.--If, after an
adjustment has been made under subsection (c)(2), the Secretary of the
Army determines with respect to the Inland Waterways Trust Fund or the
Harbor Maintenance Trust Fund that the amount described in subsection
(a)(1) does not exceed the amount described in subsection (a)(2) or
that the excess referred to in subsection (b) with respect to the Trust
Fund is less than the amount previously determined, each amount
authorized to be appropriated that was reduced under subsection (c)(2)
with respect to the Trust Fund shall be increased, by an equal
percentage, to the extent the Secretary of the Army determines that it
may be so increased without causing the amount described in subsection
(a)(1) to exceed with respect to the Trust Fund the amount described in
subsection (a)(2) (but not by more than the amount of the reduction).
(e) Reports.--Any estimate under subsection (a) and any
determination under subsection (b), (c), or (d) shall be reported by
the Secretary of the Army to Congress.
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Harbor maintenance trust fund.--The term ``Harbor
Maintenance Trust Fund'' means the Harbor Maintenance Trust
Fund established by section 9505 of the Internal Revenue Code
of 1986.
(2) Inland waterways trust fund.--The term ``Inland
Waterways Trust Fund'' means the Inland Waterways Trust Fund
established by section 9506 of the Internal Revenue Code of
1986.
(3) Net harbor maintenance receipts.--The term ``net harbor
maintenance receipts'' means, with respect to any period, the
receipts (including interest) of the Harbor Maintenance Trust
Fund during such period.
(4) Net inland waterways receipts.--The term ``net inland
waterways receipts'' means, with respect to any period, the
receipts (including interest) of the Inland Waterways Trust
Fund during such period.
(5) Unfunded inland waterways authorizations.--The term
``unfunded inland waterways authorizations'' means, at any
time, the excess (if any) of--
(A) the total amount authorized to be appropriated
from the Inland Waterways Trust Fund which has not been
appropriated, over
(B) the amount available in the Inland Waterways
Trust Fund at such time to make such appropriations.
(6) Unfunded harbor maintenance authorizations.--The term
``unfunded harbor maintenance authorizations'' means, at any
time, the excess (if any) of--
(A) the total amount authorized to be appropriated
from the Harbor Maintenance Trust Fund which has not
been appropriated, over
(B) the amount available in the Harbor Maintenance
Trust Fund at such time to make such appropriations.
SEC. 5. APPLICABILITY.
This Act shall apply to fiscal years beginning after September 30,
2001. | Truth in Water Transportation Budgeting Act - Prohibits the receipts and disbursements of the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal budget as submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such trust funds from any general statutory budget outlays limitation.Requires the Secretary of the Army to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded inland waterways and harbor maintenance authorizations; and (2) the net inland waterways and harbor maintenance receipts at the close of such year. | {"src": "billsum_train", "title": "To provide off-budget treatment for the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund."} | 1,283 | 182 | 0.704319 | 2.034028 | 1.129615 | 4.128378 | 7.581081 | 0.898649 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security
Insider Threat and Mitigation Act of 2017''.
SEC. 2. ESTABLISHMENT OF INSIDER THREAT PROGRAM.
(a) In General.--Title I of the Homeland Security Act of 2002 (6
U.S.C. 111 et seq.) is amended by adding at the end the following new
section:
``SEC. 104. INSIDER THREAT PROGRAM.
``(a) Establishment.--The Secretary shall establish an Insider
Threat Program within the Department. Such Program shall--
``(1) provide training and education for Department
personnel to identify, prevent, mitigate, and respond to
insider threat risks to the Department's critical assets;
``(2) provide investigative support regarding potential
insider threats that may pose a risk to the Department's
critical assets; and
``(3) conduct risk mitigation activities for insider
threats.
``(b) Steering Committee.--
``(1) In general.--The Secretary shall establish a Steering
Committee within the Department. The Under Secretary for
Intelligence and Analysis shall serve as the Chair of the
Steering Committee. The Chief Security Officer shall serve as
the Vice Chair. The Steering Committee shall be comprised of
representatives of the Office of Intelligence and Analysis, the
Office of the Chief Information Officer, the Office of the
General Counsel, the Office for Civil Rights and Civil
Liberties, the Privacy Office, the Office of the Chief Human
Capital Officer, the Office of the Chief Financial Officer, the
Federal Protective Service, the Office of the Chief Procurement
Officer, the Science and Technology Directorate, and other
components or offices of the Department as appropriate. Such
representatives shall meet on a regular basis to discuss cases
and issues related to insider threats to the Department's
critical assets, in accordance with subsection (a).
``(2) Responsibilities.--Not later than 1 year after the
date of the enactment of this section, the Under Secretary for
Intelligence and Analysis and the Chief Security Officer, in
coordination with the Steering Committee established pursuant
to paragraph (1), shall--
``(A) develop a holistic strategy for Department-
wide efforts to identify, prevent, mitigate, and
respond to insider threats to the Department's critical
assets;
``(B) develop a plan to implement the insider
threat measures identified in the strategy developed
under subparagraph (A) across the components and
offices of the Department;
``(C) document insider threat policies and
controls;
``(D) conduct a baseline risk assessment of insider
threats posed to the Department's critical assets;
``(E) examine existing programmatic and technology
best practices adopted by the Federal Government,
industry, and research institutions to implement
solutions that are validated and cost-effective;
``(F) develop a timeline for deploying workplace
monitoring technologies, employee awareness campaigns,
and education and training programs related to
identifying, preventing, mitigating, and responding to
potential insider threats to the Department's critical
assets;
``(G) require the Chair and Vice Chair of the
Steering Committee to consult with the Under Secretary
for Science and Technology and other appropriate
stakeholders to ensure the Insider Threat Program is
informed, on an ongoing basis, by current information
regarding threats, beset practices, and available
technology; and
``(H) develop, collect, and report metrics on the
effectiveness of the Department's insider threat
mitigation efforts.
``(c) Definitions.--In this section:
``(1) Critical assets.--The term `critical assets' means
the people, facilities, information, and technology required
for the Department to fulfill its mission.
``(2) Insider.--The term `insider' means--
``(A) any person who has access to classified
national security information and is employed by,
detailed to, or assigned to the Department, including
members of the Armed Forces, experts or consultants to
the Department, industrial or commercial contractors,
licensees, certificate holders, or grantees of the
Department, including all subcontractors, personal
services contractors, or any other category of person
who acts for or on behalf of the Department, as
determined by the Secretary; or
``(B) State, local, tribal, territorial, and
private sector personnel who possess security
clearances granted by the Department.
``(3) Insider threat.--The term `insider threat' means the
threat that an insider will use his or her authorized access,
wittingly or unwittingly, to do harm to the security of the
United States, including damage to the United States through
espionage, terrorism, the unauthorized disclosure of classified
national security information, or through the loss or
degradation of departmental resources or capabilities.''.
(b) Reporting.--
(1) In general.--Not later than 2 years after the date of
the enactment of section 104 of the Homeland Security Act of
2002 (as added by subsection (a) of this section) and the
biennially thereafter for the next 4 years, the Secretary of
Homeland Security shall submit to the Committee on Homeland
Security and the Permanent Select Committee on Intelligence of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Select Committee on
Intelligence of the Senate a report on how the Department of
Homeland Security and its components and offices have
implemented the strategy developed pursuant to subsection
(b)(2)(A) of such section 104, the status of the Department's
risk assessment of critical assets, the types of insider threat
training conducted, the number of Department employees who have
received such training, and information on the effectiveness of
the Insider Threat Program (established pursuant to subsection
(a) of such section 104), based on metrics developed,
collected, and reported pursuant to subsection (b)(2)(H) of
such section 104.
(2) Definitions.--In this subsection, the terms ``critical
assets'', ``insider'', and ``insider threat'' have the meanings
given such terms in section 104 of the Homeland Security Act of
2002 (as added by subsection (a) of this section).
(c) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by
inserting after the item relating to section 103 the following new
item:
``Sec. 104. Insider Threat Program.''.
Passed the House of Representatives January 31, 2017.
Attest:
KAREN L. HAAS,
Clerk. | . Department of Homeland Security Insider Threat and Mitigation Act of 2017 (Sec. 2) This bill amends the Homeland Security Act of 2002 to direct the Department of Homeland Security (DHS) to establish an Insider Threat Program, which shall: (1) provide training and education for DHS personnel to identify, prevent, mitigate, and respond to insider threat risks to DHS's critical assets; (2) provide investigative support regarding such threats; and (3) conduct risk mitigation activities for such threats. DHS shall establish a Steering Committee. The Under Secretary for Intelligence and Analysis shall serve as the Chair and the Chief Security Officer as the Vice Chair of the Committee. The Under Secretary and the Chief Security Officer, in coordination with the Steering Committee, shall: develop a holistic strategy for DHS-wide efforts to identify, prevent, mitigate, and respond to insider threats to DHS's critical assets; develop a plan to implement the strategy across DHS components and offices; document insider threat policies and controls; conduct a baseline risk assessment of such threats; examine existing programmatic and technology best practices adopted by the federal government, industry, and research institutions; develop a timeline for deploying workplace monitoring technologies, employee awareness campaigns, and education and training programs related to potential insider threats; consult with the the Under Secretary for Science and Technology and other stakeholders to ensure that the Insider Threat Program is informed by current information regarding threats, best practices, and available technology; and develop, collect, and report metrics on the effectiveness of DHS's insider threat mitigation efforts. DHS must submit to specified congressional committees biennial reports over the next six years on: how DHS and its components and offices have implemented such strategy; the status of DHS's risk assessment of critical assets; the types of insider threat training conducted; the number of DHS employees who have received such training; and information on the effectiveness of the Insider Threat Program, based on such metrics. | {"src": "billsum_train", "title": "Department of Homeland Security Insider Threat and Mitigation Act of 2017"} | 1,451 | 417 | 0.751744 | 2.394081 | 0.850957 | 4.34359 | 3.428205 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Life Act''.
SEC. 2. MODIFYING SPECIAL RULES RELATING TO COVERAGE OF ABORTION
SERVICES UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE
ACT TO CONFORM TO LONG-STANDING FEDERAL POLICY.
(a) In General.--Section 1303 of the Patient Protection and
Affordable Care Act (Public Law 111-148), as amended by section
10104(c) of such Act, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively;
(2) by redesignating paragraph (4) of subsection (b) as
subsection (d) and transferring such subsection (d) after the
subsection (c) inserted by paragraph (4) of this subsection
with appropriate indentation (and conforming the style of the
heading to a subsection heading);
(3) by amending subsection (b) to read as follows:
``(b) Special Rules Relating to Training in and Coverage of
Abortion Services.--Nothing in this Act (or any amendment made by this
Act) shall be construed to require any health plan to provide coverage
of or access to abortion services or to allow the Secretary or any
other Federal or non-Federal person or entity in implementing this Act
(or amendment) to require coverage of, access to, or training in
abortion services.'';
(4) by inserting after subsection (b) the following new
subsection:
``(c) Limitation on Abortion Funding.--
``(1) In general.--No funds authorized or appropriated by
this Act (or an amendment made by this Act), including credits
applied toward qualified health plans under section 36B of the
Internal Revenue Code of 1986 or cost-sharing reductions under
section 1402 of this Act, may be used to pay for any abortion
or to cover any part of the costs of any health plan that
includes coverage of abortion, except--
``(A) if the pregnancy is the result of an act of
rape or incest; or
``(B) in the case where a pregnant female suffers
from a physical disorder, physical injury, or physical
illness that would, as certified by a physician, place
the female in danger of death unless an abortion is
performed, including a life-endangering physical
condition caused by or arising from the pregnancy
itself.
``(2) Option to purchase separate coverage or plan.--
Nothing in this subsection shall be construed as prohibiting
any non-Federal entity (including an individual or a State or
local government) from purchasing separate coverage for
abortions for which funding is prohibited under this
subsection, or a qualified health plan that includes such
abortions, so long as--
``(A) such coverage or plan is paid for entirely
using only funds not authorized or appropriated by this
Act; and
``(B) such coverage or plan is not purchased
using--
``(i) individual premium payments required
for a qualified health plan offered through an
Exchange towards which a credit is applied
under section 36B of the Internal Revenue Code
of 1986; or
``(ii) other non-Federal funds required to
receive a Federal payment, including a State's
or locality's contribution of Medicaid matching
funds.
``(3) Option to offer coverage or plan.--Nothing in this
subsection or section 1311(d)(2)(B)(i) shall restrict any non-
Federal health insurance issuer offering a qualified health
plan from offering separate coverage for abortions for which
funding is prohibited under this subsection, or a qualified
health plan that includes such abortions, so long as--
``(A) premiums for such separate coverage or plan
are paid for entirely with funds not authorized or
appropriated by this Act;
``(B) administrative costs and all services offered
through such coverage or plan are paid for using only
premiums collected for such coverage or plan; and
``(C) any such non-Federal health insurance issuer
that offers a qualified health plan through an Exchange
that includes coverage for abortions for which funding
is prohibited under this subsection also offers a
qualified health plan through the Exchange that is
identical in every respect except that it does not
cover abortions for which funding is prohibited under
this subsection.'';
(5) in subsection (e), as redesignated by paragraph (1)--
(A) in the heading, by striking ``Regarding
Abortion'';
(B) in the heading of each of paragraphs (1) and
(2), by striking each place it appears ``regarding
abortion'';
(C) in paragraph (1), by striking ``regarding the
prohibition of (or requirement of) coverage, funding,
or'' and inserting ``protecting conscience rights,
restricting or prohibiting abortion or coverage or
funding of abortion, or establishing''; and
(D) in paragraph (2)(A), by striking ``Nothing''
and inserting ``Subject to subsection (g), nothing'';
(6) in subsection (f), as redesignated by paragraph (1), by
striking ``Nothing'' and inserting ``Subject to subsection (g),
nothing''; and
(7) by adding at the end the following new subsection:
``(g) Nondiscrimination on Abortion.--
``(1) Nondiscrimination.--A Federal agency or program, and
any State or local government that receives Federal financial
assistance under this Act (or an amendment made by this Act),
may not subject any institutional or individual health care
entity to discrimination, or require any health plan created or
regulated under this Act (or an amendment made by this Act) to
subject any institutional or individual health care entity to
discrimination, on the basis that the health care entity
refuses to--
``(A) undergo training in the performance of
induced abortions;
``(B) require or provide such training;
``(C) perform, participate in, provide coverage of,
or pay for induced abortions; or
``(D) provide referrals for such training or such
abortions.
``(2) Definition.--In this subsection, the term `health
care entity' includes an individual physician or other health
care professional, a hospital, a provider-sponsored
organization, a health maintenance organization, a health
insurance plan, or any other kind of health care facility,
organization, or plan.
``(3) Remedies.--
``(A) In general.--The courts of the United States
shall have jurisdiction to prevent and redress actual
or threatened violations of this section by issuing any
form of legal or equitable relief, including--
``(i) injunctions prohibiting conduct that
violates this subsection; and
``(ii) orders preventing the disbursement
of all or a portion of Federal financial
assistance to a State or local government, or
to a specific offending agency or program of a
State or local government, until such time as
the conduct prohibited by this subsection has
ceased.
``(B) Commencement of action.--An action under this
subsection may be instituted by--
``(i) any health care entity that has
standing to complain of an actual or threatened
violation of this subsection; or
``(ii) the Attorney General of the United
States.
``(4) Administration.--The Secretary shall designate the
Director of the Office for Civil Rights of the Department of
Health and Human Services--
``(A) to receive complaints alleging a violation of
this subsection; and
``(B) to pursue investigation of such complaints in
coordination with the Attorney General.''.
(b) Conforming Amendment.--Section 1334(a)(6) of such Act is
amended to read as follows:
``(6) Coverage consistent with federal policy.--In entering
into contracts under this subsection, the Director shall ensure
that no multi-State qualified health plan offered in an
Exchange provides coverage for abortions for which funding is
prohibited under section 1303(c) of this Act.''.
Passed the House of Representatives October 13, 2011.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on March 17, 2011. The summary of that version is repeated here.)
Protect Life Act - Amends the Patient Protection and Affordable Care Act (PPACA) to prohibit federal funds from being to used to cover any part of the costs of any health plan that includes coverage of abortion services. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.)
Requires any qualified health benefit plan offered through an Exchange that includes coverage for abortions to also offer a qualified health benefit plan through the Exchange that is identical in every respect except that it does not cover abortions.
Prohibits a federal agency or program and any state or local government that receives federal financial assistance under PPACA from requiring any health plan created or regulated under PPACA to discriminate against any institutional or individual health care entity based on the entity's refusal to undergo training in the performance of induced abortions, require or provide such training, or refer for such training.
Creates a cause of action for any violations of the abortion provisions of PPACA. Gives federal courts jurisdiction to prevent and redress actual or threatened violations of such provisions by issuing any form of legal or equitable relief, including injunctions and orders preventing the disbursement of all or a portion of federal financial assistance until the prohibited conduct has ceased. Gives standing to institute an action to affected health care entities and the Attorney General.
Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive and investigate complaints alleging a violation of PPACA abortion provisions.
Requires the Director of the Office of Personnel Management (OPM) to ensure that no multistate qualified health plan offered in an Exchange provides coverage of abortion services. | {"src": "billsum_train", "title": "To amend the Patient Protection and Affordable Care Act to modify special rules relating to coverage of abortion services under such Act."} | 1,813 | 418 | 0.497892 | 1.556865 | 0.845953 | 3.391781 | 4.619178 | 0.854795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Moving Housing Forward Act of
2016''.
SEC. 2. DEFINITIONS.
(a) Incorporation of Definitions.--Except as otherwise provided in
this Act, the terms used in this Act have the meaning given those
terms, respectively, under section 1303 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C.
4502).
(b) Other Definitions.--For purposes of this Act:
(1) Catastrophic credit loss.--The term ``catastrophic
credit loss'' means all potential credit loss that exceeds both
expected and unexpected credit loss.
(2) Counterparty risk.--The term ``counterparty risk''
means, with regard to an enterprise, the risk that any person
contractually obligated to the enterprise in any transaction
will fail to perform in accordance with the terms of the
contractual obligation.
(3) Credit risk.--The term ``credit risk'' means the risk
of loss to an enterprise on a residential mortgage loan held or
guaranteed by the enterprise or on any security guaranteed by
the enterprise that could result from a mortgagor's failure to
repay the loan in accordance with its terms.
(4) Credit risk transfer.--The term ``credit risk
transfer'' means, with regard to an enterprise, the sale or
disposition of credit risk on loans guaranteed by an enterprise
to another party, who assumes the credit risk in accordance
with agreed upon terms.
(5) Excluded refinancing.--The term ``excluded
refinancing'' means a single family residential mortgage loan
that was originated under the Home Affordable Refinance Program
established by FHFA or any other mortgage loan refinanced under
a temporary program that FHFA has determined not to include in
a credit risk transfer transaction entered into by an
enterprise prior to the date of enactment of this Act. Such a
determination not to include any refinanced mortgage loan may
be demonstrated by prior actual exclusion and no other
determination by FHFA is required.
(6) Expected credit loss.--The term ``expected credit
loss'' means credit loss that is reasonably anticipated under
baseline economic conditions.
(7) FHFA.--The term ``FHFA'' means the Federal Housing
Finance Agency.
(8) Pari passu.--The term ``pari passu'' means having equal
rights of payment and equal seniority.
(9) Unexpected credit loss.--The term ``unexpected credit
loss'' means credit loss that is reasonably anticipated under
stressful, yet plausible, economic conditions, and does not
include expected loss or catastrophic loss.
SEC. 3. MORTGAGE CREDIT RISK SHARING PILOT PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) at the direction of FHFA, the enterprises have entered
into transactions to transfer credit risk they assume by
guaranteeing the payment of principal and interest on
securities backed by certain residential mortgage loans; and
(2) credit risk transfer transactions should be encouraged
that reduce taxpayer exposure to credit risk assumed by an
enterprise and do not expose an enterprise to excessive
counterparty risk.
(b) Establishment.--Subject to the requirements of this section,
the Director shall require each enterprise to establish a Mortgage
Credit Risk Sharing Pilot Program (in this section referred to as the
``Pilot Program'').
(c) Pilot Program Requirements.--Under the Pilot Program, FHFA
shall direct each enterprise to, each quarter beginning with the first
quarter following the end of the 9-month period beginning on the date
of the enactment of this Act, conduct risk-sharing transactions that
provide for an enterprise to share credit risk on a pool of single-
family residential mortgage loans that back securities on which the
enterprise guarantees the timely payment of principal and interest with
the private sector. Such transactions shall meet the following
requirements:
(1) Targeted loans.--Credit risk shall be transferred on
targeted loans. Targeted loans are residential mortgage loans
that--
(A) are single family residential mortgage loans;
(B) are not the result of an excluded refinancing,
as determined by FHFA; and
(C) are a representative sample of the unpaid
principal balance loans eligible for the to-be-
announced market.
(2) Losses transferred through the pilot program.--
(A) In general.--Each enterprise shall transfer to
the private sector--
(i) either all or the majority of the
aggregate risk shared on a pari passu basis of
the expected and unexpected loss on the unpaid
principal balance on the transactions; and
(ii) a target of at least 10 percent in a
vertical position of the risk of all of the
catastrophic credit loss on the unpaid
principal balance on the transactions.
(B) Authority of the director.--The Director may
permit an enterprise to transfer less than 10 percent
in a vertical position of the risk of catastrophic
credit loss during a transition period, up until 15
months after the date of the enactment of this Act, to
compliance with the 10 percent target of the Pilot
Program.
(C) Treatment of catastrophic risk.--Risk of
catastrophic credit loss shall be transferred on a pari
passu basis.
(3) Scope of the pilot program.--The Director shall require
that credit risk on at least 5 percent of new acquisitions, as
defined by the Director, of targeted loans described in
paragraph (1) shall be transferred through the Pilot Program.
Each enterprise may vary the percentage of new acquisitions of
targeted loans transferred through the Pilot Program, provided
that the average annual percentage over each year of the Pilot
Program is not less than 5 percent.
(4) Measurements.--In carrying out the Pilot Program, FHFA
shall measure the credit risk and the amount of risk
transferred.
(5) Additional requirements.--In carrying out the Pilot
Program, the enterprises shall--
(A) collect and disclose loan-level data on each of
the mortgage loans backing the credit risk
transactions, including consumer credit score
information and the loan-to-value ratio of the loan;
and
(B) refine transaction structure designs to improve
execution.
(d) Promotion of Market for Credit Risk Transactions.--With respect
to all credit risk transfer transactions of an enterprise, including
any transaction under the Pilot Program, the Director shall do the
following:
(1) Work to ensure a secondary market for credit risk
transfer products that will give investors as deep and liquid a
market.
(2) Not later than 1 year after the date of the enactment
of this Act, in consultation with the Securities Exchange
Commission, the Commodity Futures Trading Commission, and any
Federal banking agency as appropriate, issue a report to the
Committee on Financial Services of the House of Representatives
and the Committee on Banking, Housing, and Urban Affairs of the
Senate that provides recommendations on how to incentivize
additional sources of private capital to participate in credit
risk transfer transactions, including regulatory actions taken
and recommendations for legislative proposals to remove
impediments to such participation. Nothing in the preceding
sentence is intended to prevent or delay FHFA or another agency
from developing and implementing a regulatory action to remove
any impediment to or incentivize such participation prior to
issuance of such report as authorized under current law.
(3) Require the enterprises to make 60 percent of mortgages
available to be subject to credit risk transactions in the
first fiscal year after the date of the enactment of this Act,
70 percent in the second fiscal year after such date of
enactment, and 80 percent in the third fiscal year after such
date of enactment.
(e) Capital Standards.--
(1) In general.--The Director may set capital or collateral
requirements for participants in the Pilot Program.
(2) Use of certain capital markets transactions.--In
setting capital standards under paragraph (1), the Director
shall allow participants to prudently reduce or eliminate any
capital requirements for credit-risk sharing transactions
through the use of capital markets transactions that pre-fund
the risk, including credit-linked notes.
(f) Economic Considerations.--If the Director of the FHFA and the
Secretary of the Treasury determine that the Pilot Program is
economically unreasonable due to housing market conditions, the
Director may lower the percentage amounts specified under subsection
(c)(2), (c)(3), or (d)(1)(C).
(g) FHFA Reports.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Director shall provide a report to the Committee on Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate containing--
(A) information on credit risk transfer transaction
pricing on quarterly basis;
(B) the amount of credit risk that has been
transferred from the enterprises on a quarterly basis;
(C) metrics and annual goals regarding the Pilot
Program;
(D) the percentage of the unpaid principal balance
of mortgage loans covered under the Pilot Program in
each year;
(E) a description of how the FHFA intends to move
forward with mortgage insurance focused transactions
following the recently finalized mortgage insurance
master policy requirements and private mortgage insurer
eligibility requirements, and how the FHFA evaluates
the remaining counterparty risk with mortgage insurers;
(F) a description of new credit risk transfer pilot
programs that FHFA intends an enterprise to undertake
over the next three years and steps FHFA intends to
take to solicit new ideas for new and innovative ways
to transfer credit risk away from the enterprises and
the taxpayers, including transfers of expected,
unexpected, and catastrophic credit loss; and
(G) a description of how FHFA plans to transition
from credit risk sharing pilot programs to a regular
standardized program of credit risk transfers that
establish a stable and liquid market for mortgage
credit risk.
(2) Solicitation of public feedback.--In preparing any
report required under paragraph (1), the Director shall solicit
public feedback, including feedback to--
(A) generate new potential forms of credit risk
transfer; and
(B) identify potential barriers to entry for
private sector parties to invest in such transactions.
(3) Confidentiality.--In issuing any report under paragraph
(1), the Director shall protect counterparty proprietary data,
including in making information available about the Pilot
Program.
(h) Rule of Construction.--Nothing in this section shall be
construed to limit the ability of the Director to conduct customized
risk sharing transactions as authorized under current law.
(i) Duration of the Pilot Program.--
(1) In general.--The Pilot Program shall last a minimum of
3 years after the first transfer of catastrophic credit loss.
The Director may continue to direct the enterprises to transfer
risk of credit loss, including risk of catastrophic credit
loss, and may continue to enter into credit risk transfer
transactions to transfer such risk after the end of 3 years
under authority prior to the enactment of the Pilot Program.
(2) Analysis.--After the Pilot Program is executed for 3
years, the Director shall examine the economics of developing
the Pilot Program into a continuous risk sharing program.
SEC. 4. REGULATORY IMPLEMENTATION OF CREDIT RISK-SHARING MARKET.
(a) Application of Section 3 of the Investment Company Act of
1940.--For any credit risk transfer transaction approved by the
Director, including a transaction in which credit risk is transferred
on mortgage loans that do not directly back the securities being
issued, the issuer shall be deemed to be a person primarily engaged in
the business of purchasing or otherwise acquiring mortgages or other
liens on and interests in real estate for purposes of section 3(c)(5)
of the Investment Company Act of 1940 (15 U.S.C. 80a-3).
(b) Federal Income Tax Treatment.--
(1) Real estate mortgage investment conduits.--For purposes
of sections 860A through 860G of the Internal Revenue Code of
1986 (the ``Code'')--
(A) any financial instrument issued by an
enterprise (or a legal entity sponsored by an
enterprise to implement a credit risk transfer
transaction) as part of a credit risk transfer
transaction shall be treated as a ``qualified
mortgage''; and
(B) any amount includible in gross income with
respect to such a financial instrument shall be treated
as interest on a ``qualified mortgage''.
(2) Real estate investment trusts.--For purposes of Code
sections 856 through 860--
(A) any financial instrument issued by an
enterprise (or a legal entity sponsored by an
enterprise to implement a credit risk transfer
transaction) as part of a credit risk transfer
transaction shall be treated as a ``real estate
asset''; and
(B) any amount includible in gross income with
respect to such a financial instrument shall be treated
as interest on an obligation secured by a mortgage on
real property.
(3) Taxable mortgage pools.--A credit risk transfer
transaction entered into by an enterprise (or a legal entity
sponsored by an enterprise) shall not be treated as a ``taxable
mortgage pool'' for purposes of section 7701(i) of the Code.
(4) Regulations.--The Secretary of the Treasury shall
prescribe such regulations or administrative guidance as may be
necessary or appropriate to carry out the purposes of this
subsection.
(c) Rule of Application.--Subsections (a) and (b) shall apply in
the case of any risk transfer transaction and any financial instrument
issued by the enterprise (or a legal entity sponsored by an enterprise
to implement a credit risk transfer transaction) as part of a credit
risk transfer transaction that is outstanding on, or is issued after,
the date of the enactment of this Act.
(d) Conforming Amendments.--
(1) Investment company act of 1940.--Section 3(c)(5) of the
Investment Company Act of 1940 (15 U.S.C. 80a-3(c)(5)) is
amended by adding at the end the following: ``For any credit
risk transfer transaction approved by the Director of the
Federal Housing Finance Agency, including a transaction in
which credit risk is transferred on mortgage loans that do not
directly back the securities being issued, the issuer shall be
deemed to be a person primarily engaged in the business of
purchasing or otherwise acquiring mortgages or other liens on
and interests in real estate.''.
(2) Rule of application.--The amendments made by paragraph
(1) shall apply in the case of any credit risk transfer
transaction and any financial instrument issued by an
enterprise (or a legal entity sponsored by an enterprise to
implement a credit risk transfer transaction) as part of a
credit risk transfer transaction that is outstanding on, or is
issued after, the date of the enactment of this Act. | Moving Housing Forward Act of 2016 This bill directs the Federal Housing Finance Agency (FHFA) to require the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) to establish a pilot program that shares with the private sector the credit risk on a pool of single-family residential mortgage loans that back securities on which Fannie Mae and Freddie Mac guarantee the timely payment of principal and interest. The bill expresses the sense of Congress that credit risk transfer transactions should be encouraged that: (1) reduce taxpayer exposure to credit risk assumed by Fannie Mae and Freddie Mac, and (2) do not expose Fannie Mae and Freddie Mac to excessive counterparty risk that persons contractually obligated to them will fail to perform their obligations. After the pilot program is executed for three years, the FHFA must examine the economics of developing it into a continuous risk sharing program. | {"src": "billsum_train", "title": "Moving Housing Forward Act of 2016"} | 3,185 | 195 | 0.508027 | 1.510839 | 0.693084 | 3.169591 | 17.28655 | 0.818713 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Armed Career Criminal Sentencing Act
of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Armed career criminals are certain individuals deemed
to be particularly culpable and dangerous because of their
prior criminal convictions and their possession of a firearm.
(2) The purpose of section 924(e) of title 18, United
States Code, (in this section referred to as ``section
924(e)'') has been, and continues to be, to provide certain and
severe punishment for these armed recidivist offenders, and
also to protect the public from the distinctive risk and acute
harms posed by them.
(3) The requirement of the Supreme Court of the United
States under Taylor v. United States, 495 U.S. 575 (1990) and
Shepard v. United States, 544 U.S. 13 (2005), that district
courts apply a ``categorical approach'' when determining
whether certain prior convictions trigger an enhanced sentence
under section 924(e), has led to increased litigation and
inconsistent sentencing results, placing an onerous burden on
the judicial system and rendering the protection of public
safety haphazard.
(4) The ``categorical approach'' prevents Federal judges
from looking at reliable evidence of the facts of the
qualifying prior convictions and instead only permits Federal
judges to review the language of the statute of conviction and
certain limited judicial records. The Supreme Court of the
United States has said that its reading of section 924(e) in
this regard is colored, in part, by concern that to permit a
more probing judicial inquiry could raise right-to-jury-trial
issues because the sentence enhancement under section 924(e)
increases the statutory maximum sentence of 10 years under
section 922(g) of title 18, United States Code, to life
imprisonment. Under Apprendi v. New Jersey, 530 U.S. 466, 490
(2000), a case decided after the date of enactment of the
Firearms Owners' Protection Act (Public Law 99-308; 100 Stat.
449), which initially added section 924(e), any facts (other
than prior convictions) which may be used to increase the
sentence of a defendant beyond the statutory maximum sentence
must be proven to a jury beyond a reasonable doubt.
(5) Despite the best efforts of Federal prosecutors to
enforce section 924(e) for the safety of the community, there
have been numerous instances in which armed career criminals
have not been sentenced consistent with congressional intent
due to the precedent that has significantly narrowed the
applicability of section 924(e) and prevented judges from
exercising their historic sentencing discretion and judgment.
(6) Few statutory sentencing issues have led to such a
ceaseless stream of costly and time-consuming litigation at
every level of the Federal court system as the determination of
whether the broad range of offenses under State and local law
qualify categorically as crimes of violence or serious drug
trafficking offenses.
(7) Congress finds that significant disparities in the
content and formulation of State criminal law have resulted,
under Supreme Court precedent, in the unreasoned divergence of
criminal sentences based on fortuities such as differing
charging and recordkeeping practices among the 50 States,
Federal territories, and thousands of counties and parishes
across the United States. In the judgment of Congress,
fundamental principles of equality and fair treatment, as well
as the imperative of vigorously protecting public safety,
require far more uniform administration and implementation of
the sentencing provisions under section 924(e).
(8) Congress further believes that Federal judges should be
entrusted to continue their historic role and judgment as
sentencing fact finders capable of examining and evaluating
reliable evidence to determine if a particular conviction or
series of convictions merits enhancement.
(9) To allow judges to return to their traditional
sentencing roles and to make the sentencing judgments
traditionally assigned to courts under the Constitution of the
United States, this Act lowers the maximum sentence under
section 924(e) from life to 25 years, and increases the maximum
sentence under section 922(g) of title 18, United States Code,
from 10 years to 25 years so that the exercise of the
traditional sentencing discretion of the court to enhance a
sentence as permitted by section 924(e) for armed career
criminals will not increase the statutory maximum sentence and
thereby implicate Apprendi principles.
(10) Because sentences for violations of section 922(g) of
title 18, United States Code, by individuals who are not armed
career criminals will commonly fall in the range of 10 years or
less by operation of the advisory sentencing guidelines and the
reasonable judgment of the sentencing courts, Congress does not
anticipate that there will be many resulting changes in the
length of sentence for those individuals, although the
increased statutory maximum will apply.
(11) To ensure that an inflexible application of section
924(e) does not result in overly harsh results, this Act gives
prosecutors the discretion to file a notice advising the
defendant and the court whether the prosecutor will seek to
invoke all, some, or none of the prior convictions of the
defendant to trigger the penalty enhancement.
SEC. 3. DEFINITION.
Section 924(e)(2) of title 18, United States Code, is amended--
(1) by striking subparagraph (B) and inserting the
following:
``(B) the term `qualifying offense' means--
``(i) a serious drug offense; or
``(ii) any crime, or any attempt,
conspiracy, or solicitation to commit a crime--
``(I) that is--
``(aa) punishable by
imprisonment for a term of more
than 1 year; or
``(bb) an act of juvenile
delinquency involving the use
or carrying of a firearm,
knife, or destructive device
that would be punishable by
imprisonment for a term of more
than 1 year if committed by an
adult; and
``(II) that, according to any
reliable evidence--
``(aa) is burglary, arson,
or extortion;
``(bb) has as an element--
``(AA) the use,
attempted use, or
threatened use of
physical force, however
slight, against the
person of another
individual; or
``(BB) that serious
bodily injury
intentionally,
knowingly, or
recklessly resulted
from the offense
conduct;
``(cc) involved the
unlawful manufacture,
possession, use, sale,
transfer, importation, or
distribution of an explosive or
explosive device, nuclear or
chemical material, or a weapon
of mass destruction (as defined
in section 2332a of title 18,
United States Code); or
``(dd) involved conduct
that, without regard to the
formal elements of the crime--
``(AA) presented a
serious potential risk
of bodily injury to
another; or
``(BB)
intentionally,
knowingly, or
recklessly resulted in
serious bodily injury
to another; and''; and
(2) in subparagraph (C), by striking ``a violent felony''
and inserting ``an offense described in subparagraph (B)(ii)''.
SEC. 4. SENTENCING.
Section 924 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``(g),''; and
(B) by adding at the end the following:
``(8) Whoever knowingly violates section 922(g) shall be fined
under this title, imprisoned not more than 25 years, or both.''; and
(2) in subsection (e)(1)--
(A) by inserting ``(A)'' before ``In the case of'';
(B) by striking ``a violent felony or a serious
drug offense, or both'' and inserting ``qualifying
offenses'';
(C) by striking ``imprisoned not less than fifteen
years'' and inserting ``imprisoned for not less than 15
years and not more than 25 years''; and
(D) by adding at the end the following:
``(B)(i) No person who is convicted of an offense under section
922(g) shall be sentenced to imprisonment for the mandatory minimum
term of years under subparagraph (A), unless before trial, or before
entry of a plea of guilty, the United States attorney files an
information with the court (and serves a copy of such information on
the person or counsel for the person) stating in writing the previous
convictions to be relied upon. Except as provided in clause (ii), any
proceedings under this subparagraph shall be conducted in accordance
with the procedures under section 411 of the Controlled Substances Act
(21 U.S.C. 851).
``(ii) In determining whether a person shall be sentenced to
imprisonment for the mandatory minimum term of years under subparagraph
(A) based on previous convictions, the court--
``(I) is not limited to the elements of the statute of
conviction and shall consider the facts of the previous
conviction as presented in the judicial records of the previous
conviction, the presentence report, or any other reliable
evidence presented to the court; and
``(II) shall determine whether the person has such previous
convictions by a preponderance of the evidence.''.
SEC. 5. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION.
(a) Directive.--Pursuant to the authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review the Federal Sentencing
Guidelines and policy statements applicable to an offense described in
section 924(e)(1) of title 18, United States Code, to reflect the
amendment made by this Act to section 924(e)(2)(B) of title 18, United
States Code.
(b) Requirements.--In revising the Federal Sentencing Guidelines
and policy statements to reflect the amendment to section 924(e)(2)(B)
of title 18, United States Code, made by this Act, the United States
Sentencing Commission shall--
(1) revise the definition of the term ``crime of violence''
under section 4B1.2 of the Federal Sentencing Guidelines; and
(2) revise sections 4B1.1 and 4B1.4 of the Federal
Sentencing Guidelines to reflect that a sentencing court may
consider all reliable evidence presented to make a factual
determination whether the prior conviction of a defendant is a
qualifying offense, as defined in section 924(e)(2)(B) of title
18, United States Code, as amended by this Act. | Armed Career Criminal Sentencing Act of 2010 - Amends the federal criminal code to revise provisions relating to the sentencing of repeat offenders who commit a serious drug offense or a violent crime using a firearm that is punishable by imprisonment for a term of more than one year. Requires the United States Attorney prosecuting a repeat offender to file a written notice of the previous convictions being relied upon to obtain an increased sentence against such offender.
Directs the United States Sentencing Commmission to review and amend federal sentencing guidelines and policy statements to reflect the amendments made by this Act. | {"src": "billsum_train", "title": "A bill to amend section 924 of title 18, United States Code, to clarify and strengthen the armed career criminal provisions, and for other purposes."} | 2,400 | 141 | 0.431749 | 1.146044 | 0.606236 | 2.271028 | 20.261682 | 0.831776 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Freedom of Information
Improvement Act of 1996''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the purpose of the Freedom of Information Act is to
require agencies of the Federal Government to make certain
agency information available for public inspection and copying
and to establish and enable enforcement of the right of any
person to obtain access to the records of such agencies
(subject to statutory exemptions) for any public or private
purpose;
(2) since the enactment of the Freedom of Information Act
in 1966, and the amendments enacted in 1974 and 1986, the
Freedom of Information Act has been a valuable means through
which any person can learn how the Federal Government operates;
(3) the Freedom of Information Act has led to the
disclosure of waste, fraud, abuse, and wrongdoing in the
Federal Government;
(4) the Freedom of Information Act has led to the
identification of unsafe consumer products, harmful drugs, and
serious health hazards;
(5) Government agencies increasingly use computers to
conduct agency business and to store publicly valuable agency
records and information; and
(6) Government agencies should use new technology to
enhance public access to agency records and information.
(b) Purposes.--The purposes of this Act are to--
(1) foster democracy by ensuring public access to agency
records and information;
(2) improve public access to agency records and
information;
(3) ensure agency compliance with statutory time limits;
and
(4) maximize the usefulness of agency records and
information collected, maintained, used, retained, and
disseminated by the Federal Government.
SEC. 3. PUBLIC INFORMATION AVAILABILITY.
Section 552(a)(1) of title 5, United States Code, is amended--
(1) in the matter before subparagraph (A) by inserting
``including by computer telecommunications, or if computer
telecommunications means are not available, by other electronic
means,'' after ``Federal Register'';
(2) by striking out ``and'' at the end of subparagraph (D);
(3) by redesignating subparagraph (E) as subparagraph (F);
and
(4) by inserting after subparagraph (D) the following new
subparagraph:
``(E) a complete list of all statutes that the agency head
or general counsel relies upon to authorize the agency to
withhold information under subsection (b)(3) of this section,
together with a specific description of the scope of the
information covered; and''.
SEC. 4. MATERIALS MADE AVAILABLE IN ELECTRONIC FORMAT AND INDEX OF
RECORDS MADE AVAILABLE TO THE PUBLIC.
Section 552(a)(2) of title 5, United States Code, is amended--
(1) in the matter before subparagraph (A) by inserting ``,
including, within 1 year after the date of the enactment of the
Electronic Freedom of Information Improvement Act of 1996, by
computer telecommunications, or if computer telecommunications
means are not available, by other electronic means,'' after
``copying'';
(2) in subparagraph (B) by striking out ``and'' after the
semicolon;
(3) by adding after subparagraph (C) the following new
subparagraphs:
``(D) an index of all major information systems
containing agency records regardless of form or format
unless such an index is provided as otherwise required
by law;
``(E) a description of any new major information
system with a statement of how such system shall
enhance agency operations under this section;
``(F) an index of all records which are made
available to any person under paragraph (3) of this
subsection; and
``(G) copies of all records, regardless of form or
format, which because of the nature of their subject
matter, have become or are likely to become the subject
of subsequent requests for substantially the same
records under paragraph (3) of this subsection;'';
(4) in the second sentence by striking out ``or staff
manual or instruction'' and inserting in lieu thereof ``staff
manual, instruction, or index or copies of records, which are
made available under paragraph (3) of this subsection''; and
(5) in the third sentence by inserting ``and the extent of
such deletion shall be indicated on the portion of the record
which is made available or published at the place in the record
where such deletion was made'' after ``explained fully in
writing''.
SEC. 5. HONORING FORMAT REQUESTS.
Section 552(a)(3) of title 5, United States Code, is amended by--
(1) inserting ``(A)'' after ``(3)'';
(2) inserting ``(A) through (F)'' after ``under paragraphs
(1) and (2)'';
(3) striking out ``(A) reasonably'' and inserting in lieu
thereof ``(i) reasonably'';
(4) striking out ``(B)'' and inserting in lieu thereof
``(ii)''; and
(5) adding at the end thereof the following new
subparagraphs:
``(B) An agency shall, as requested by any person, provide
records in any form or format in which such records are
maintained by that agency.
``(C) An agency shall make reasonable efforts to search for
records in electronic form or format and provide records in the
form or format requested by any person, including in an
electronic form or format, even where such records are not
usually maintained but are available in such form or format.''.
SEC. 6. DELAYS.
(a) Fees.--Section 552(a)(4)(A) of title 5, United States Code, is
amended by adding at the end thereof the following new clause:
``(viii) If at an agency's request, the Comptroller General
determines that the agency annually has either provided responsive
documents or denied requests in substantial compliance with the
requirements of paragraph (6)(A), one-half of the fees collected under
this section shall be credited to the collecting agency and expended to
offset the costs of complying with this section through staff
development and acquisition of additional request processing resources.
The remaining fees collected under this section shall be remitted to
the Treasury as general funds or miscellaneous receipts.''.
(b) Demonstration of Circumstances for Delay.--Section 552(a)(4)(E)
of title 5, United States Code, is amended--
(1) by inserting ``(i)'' after ``(E)''; and
(2) by adding at the end thereof the following new clause:
``(ii) Any agency not in compliance with the time limits
set forth in this subsection shall demonstrate to a court that
the delay is warranted under the circumstances set forth under
paragraph (6) (B) or (C) of this subsection.''.
(c) Period for Agency Decision To Comply With Request.--Section
552(a)(6)(A)(i) is amended by striking out ``ten days'' and inserting
in lieu thereof ``twenty days''.
(d) Agency Backlogs.--Section 552(a)(6)(C) of title 5, United
States Code, is amended by inserting after the second sentence the
following: ``As used in this subparagraph, for requests submitted
pursuant to paragraph (3) after the date of the enactment of the
Electronic Freedom of Information Improvement Act of 1996, the term
`exceptional circumstances' means circumstances that are unforeseen and
shall not include delays that result from a predictable workload,
including any ongoing agency backlog, in the ordinary course of
processing requests for records.''.
(e) Notification of Denial.--The last sentence of section
552(a)(6)(C) of title 5, United States Code, is amended to read: ``Any
notification of any full or partial denial of any request for records
under this subsection shall set forth the names and titles or positions
of each person responsible for the denial of such request and the total
number of denied records and pages considered by the agency to have
been responsive to the request.''.
(f) Multitrack FIFO Processing and Expedited Access.--Section
552(a)(6) of title 5, United States Code, is amended by adding at the
end thereof the following new subparagraphs:
``(D)(i) Each agency shall adopt a first-in, first-out
(hereafter in this subparagraph referred to as FIFO) processing
policy in determining the order in which requests are
processed. The agency may establish separate processing tracks
for simple and complex requests using FIFO processing within
each track.
``(ii) For purposes of such a multitrack system--
``(I) a simple request shall be a request requiring
10 days or less to make a determination on whether to
comply with such a request; and
``(II) a complex request shall be a request
requiring more than 10 days to make a determination on
whether to comply with such a request.
``(iii) A multitrack system shall not negate a claim of due
diligence under subparagraph (C), if FIFO processing within
each track is maintained and the agency can show that it has
reasonably allocated resources to handle the processing for
each track.
``(E)(i) Each agency shall promulgate regulations, pursuant
to notice and receipt of public comment, providing that upon
receipt of a request for expedited access to records and a
showing by the person making such request of a compelling need
for expedited access to records, the agency determine within 10
days (excepting Saturdays, Sundays, and legal public holidays)
after the receipt of such a request, whether to comply with
such request. A request for records to which the agency has
granted expedited access shall be processed as soon as
practicable. A request for records to which the agency has
denied expedited access shall be processed within the time
limits under paragraph (6) of this subsection.
``(ii) A person whose request for expedited access has not
been decided within 10 days of its receipt by the agency or has
been denied shall be required to exhaust administrative
remedies. A request for expedited access which has not been
decided may be appealed to the head of the agency within 15
days (excepting Saturdays, Sundays, and legal public holidays)
after its receipt by the agency. A request for expedited access
that has been denied by the agency may be appealed to the head
of the agency within 5 days (excepting Saturdays, Sundays, and
legal public holidays) after the person making such request
receives notice of the agency's denial. If an agency head has
denied, affirmed a denial, or failed to respond to a timely
appeal of a request for expedited access, a court which would
have jurisdiction of an action under paragraph (4)(B) of this
subsection may, upon complaint, require the agency to show
cause why the request for expedited access should not be
granted, except that such review shall be limited to the record
before the agency.
``(iii) The burden of demonstrating a compelling need by a
person making a request for expedited access may be met by a
showing, which such person certifies under penalty of perjury
to be true and correct to the best of such person's knowledge
and belief, that failure to obtain the requested records within
the timeframe for expedited access under this paragraph would--
``(I) threaten an individual's life or safety;
``(II) result in the loss of substantial due
process rights and the information sought is not
otherwise available in a timely fashion; or
``(III) affect public assessment of the nature and
propriety of actual or alleged governmental actions
that are the subject of widespread, contemporaneous
media coverage.''.
SEC. 7. COMPUTER REDACTION.
Section 552(b) of title 5, United States Code, is amended by
inserting before the period in the sentence following paragraph (9) the
following: ``, and the extent of such deletion shall be indicated on
the released portion of the record at the place in the record where
such deletion was made''.
SEC. 8. DEFINITIONS.
Section 552(f) of title 5, United States Code, is amended to read
as follows:
``(f) For purposes of this section--
``(1) the term `agency' as defined in section 551(1) of
this title includes any executive department, military
department, Government corporation, Government controlled
corporation, or other establishment in the executive branch of
the Government (including the Executive Office of the
President), or any independent regulatory agency;
``(2) the term `record' means all books, papers, maps,
photographs, machine-readable materials, or other information
or documentary materials, regardless of physical form or
characteristics, but does not include--
``(A) library and museum material acquired or
received and preserved solely for reference or
exhibition purposes;
``(B) extra copies of documents preserved solely
for convenience of reference;
``(C) stocks of publications and of processed
documents; or
``(D) computer software which is obtained by an
agency under a licensing agreement prohibiting its
replication or distribution; and
``(3) the term `search' means a manual or automated review
of agency records that is conducted for the purpose of locating
those records which are responsive to a request under
subsection (a)(3)(A) of this section.''.
Passed the Senate September 17, 1996.
Attest:
Secretary.
104th CONGRESS
2d Session
S. 1090
_______________________________________________________________________
AN ACT
To amend section 552 of title 5, United States Code (commonly known as
the Freedom of Information Act), to provide for public access to
information in an electronic format, and for other purposes. | Electronic Freedom of Information Improvement Act of 1996 - Amends the Freedom of Information Act (FOIA) to require Federal agencies, via computer telecommunications or other electronic means, to: (1) publish all information required to be published in the Federal Register; (2) make available a list of statutes relied on by the agency to withhold information; and (3) make available (unless promptly published) for public inspection and copying final opinions, policy statements, administrative staff manuals, an index of all major information systems containing agency records, and an index of all records made available to any person, as well as copies of all records likely to become subject to subsequent requests.
Requires agencies to provide requesters records in the form or format in which they are maintained.
States that, if, at any agency's request, the Comptroller General determines that the agency annually has either provided responsive documents or denied requests in substantial compliance with FOIA requirements, then one-half of the fees collected from FOIA requests shall be credited to the collecting agency and expended to offset compliance costs.
Extends from ten to 20 days the length of time allowed an agency to decide whether to comply with a FOIA request. Requires an agency not in compliance with specified time limits to demonstrate to a court that its delay is warranted under the circumstances. Defines as unforeseen the "exceptional circumstances" of a delay allowing a court to permit an agency additional time to review its records, and excludes from "exceptional" delays resulting from a predictable workload (including an ongoing backlog) in the ordinary course of processing record requests.
Requires each agency to process requests on a first-in, first-out basis. Authorizes an agency to establish separate processing tracks for simple and complex requests. Provides for expedited access to records for persons demonstrating specified compelling need.
Declares that, where a reasonably segregable portion of a record is provided to a requester after FOIA-exempt portions are deleted, the extent of any deletions shall be indicated on the released portion of the record at the place where they were made. | {"src": "billsum_train", "title": "Electronic Freedom of Information Improvement Act of 1996"} | 3,062 | 468 | 0.480045 | 1.527254 | 0.69803 | 3.061576 | 7.256158 | 0.864532 |
SECTION 1. CENTERS FOR RESEARCH, EDUCATION, AND CLINICAL ACTIVITIES ON
BLAST INJURIES OF VETERANS.
(a) In General.--(1) Subchapter II of chapter 73 of title 38,
United States Code, is amended by adding at the end the following new
section:
``Sec. 7327. Centers for research, education, and clinical activities
on blast injuries
``(a) Purpose.--The purpose of this section is to provide for the
improvement of the provision of health care services and related
rehabilitation and education services to eligible veterans suffering
from multiple traumas associated with a blast injury through--
``(1) the conduct of research to support the provision of
such services in accordance with the most current evidence on
blast injuries;
``(2) the education and training of health care personnel
of the Department; and
``(3) the development of improved models and systems for
the furnishing of services by the Department for blast
injuries.
``(b) Establishment.--(1) The Secretary shall establish and operate
at least one, but not more than three, centers for research, education,
and clinical activities on blast injuries.
``(2) Each center shall function as a center for--
``(A) research on blast injury to support the provision of
services in accordance with the most current evidence on blast
injuries, with such research to specifically address injury
epidemiology and cost, functional outcomes, blast injury
taxonomy and measurement system, and longitudinal outcomes;
``(B) the development of a rehabilitation program for blast
injuries, including referral protocol, post-acute assessment,
and coordination of comprehensive treatment services;
``(C) the development of protocols to optimize linkages
between the Department and the Department of Defense on matters
relating to research, education, and clinical activities on
blast injuries;
``(D) the creation of innovative models for education and
outreach on health-care and related rehabilitation and
education services on blast injuries, with such education and
outreach to target those who have sustained a blast injury and
health care providers and researchers in the Veterans Health
Administration, the Department of Defense, and the Department
of Homeland Security;
``(E) the development of educational tools and products on
blast injuries, and the maintenance of such tools and products
in a resource clearinghouse that can serve as resources for the
Veterans Health Administration, the Department of Defense, the
Department of Homeland Security, and other departments and
agencies of the Federal Government;
``(F) the development of interdisciplinary training
programs on the provision of health care and rehabilitation
care services for blast injuries that provide an integrated
understanding of the continuum of care for such injuries to the
broad range of providers of such services, including first
responders, acute-care providers, and rehabilitation service
providers; and
``(G) the implementation of strategies for improving the
medical diagnostic coding of blast injuries in the Department
to reliably identify veterans with blast injuries and track
outcomes over time.
``(3) The Secretary shall designate a designate a center or centers
under this section upon the recommendation of the Under Secretary for
Health.
``(4) The Secretary may designate a center under this section only
if--
``(A) the proposal submitted for the designation of the
center meets the requirements of subsection (c);
``(B) the Secretary makes the finding described in
subsection (d); and
``(C) the peer review panel established under subsection
(e) makes the determination specified in subsection (e)(3) with
respect to that proposal.
``(5) The authority of the Secretary to establish and operate
centers under this section is subject to the appropriation of funds for
that purpose.
``(c) Proposal Requirements.--A proposal submitted for the
designation of a center under this section shall--
``(1) provide for close collaboration in the establishment
and operation of the center, and for the provision of care and
the conduct of research and education at the center, by a
Department facility or facilities (in this subsection referred
to as the `collaborating facilities') in the same geographic
area that have a mission centered on the care of individuals
with blast injuries and a Department facility in that area
which has a mission of providing tertiary medical care;
``(2) provide that not less than 50 percent of the funds
appropriated for the center for support of clinical care,
research, and education will be provided to the collaborating
facilities with respect to the center; and
``(3) provide for a governance arrangement among the
facilities described in paragraph (1) with respect to the
center that ensures that the center will be established and
operated in a manner aimed at improving the quality of care for
blast injuries at the collaborating facilities with respect to the
center.
``(d) Findings Relating to Proposals.--The finding referred to in
subsection (b)(4)(B) with respect to a proposal for the designation of
a site as a location of a center under this section is a finding by the
Secretary, upon the recommendation of the Under Secretary for Health,
that the facilities submitting the proposal have developed (or may
reasonably be anticipated to develop) each of the following:
``(1) An arrangement with an affiliated accredited medical
school or university that provides education and training in
disaster preparedness, homeland security, and biodefense.
``(2) Comprehensive and effective treatment services for
head injury, spinal cord injury, audiology, amputation, gait
and balance, and mental health.
``(3) The ability to attract scientists who have
demonstrated achievement in research--
``(A) into the evaluation of innovative approaches
to the rehabilitation of blast injuries; or
``(B) into the treatment of blast injuries.
``(4) The capability to evaluate effectively the activities
of the center, including activities relating to the evaluation
of specific efforts to improve the quality and effectiveness of
services on blast injuries that are provided by the Department
at or through individual facilities.
``(e) Departmental Support on Evaluation of Center Proposals.--(1)
In order to provide advice to assist the Secretary and the Under
Secretary for Health to carry out their responsibilities under this
section, the official within the central office of the Veterans Health
Administration responsible for blast injury matters shall establish a
peer review panel to assess the scientific and clinical merit of
proposals that are submitted to the Secretary for the designation of
centers under this section.
``(2) The panel shall consist of experts in the fields of research,
education and training, and clinical care on blast injuries. Members of
the panel shall serve as consultants to the Department.
``(3) The panel shall review each proposal submitted to the panel
by the official referred to in paragraph (1) and shall submit to that
official its views on the relative scientific and clinical merit of
each such proposal. The panel shall specifically determine with respect
to each such proposal whether or not that proposal is among those
proposals which have met the highest competitive standards of
scientific and clinical merit.
``(4) The panel shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
``(f) Award of Funding.--Clinical and scientific investigation
activities at each center established under this section--
``(1) may compete for the award of funding from amounts
appropriated for the Department for medical and prosthetics
research; and
``(2) shall receive priority in the award of funding from
such amounts insofar as funds are awarded from such amounts to
projects and activities relating to blast injuries.
``(g) Dissemination of Information.--(1) The Under Secretary for
Health shall ensure that information produced by the centers
established under this section that may be useful for other activities
of the Veterans Health Administration is disseminated throughout the
Administration.
``(2) Information shall be disseminated under this subsection
through publications, through programs of continuing medical and
related education provided through regional medical education centers
under subchapter VI of chapter 74 of this title, and through other
means. Such programs of continuing medical education shall receive
priority in the award of funding.
``(h) Supervision.--The official within the central office of the
Veterans Health Administration responsible for blast injury matters
shall be responsible for supervising the operation of the centers
established under this section and shall provide for ongoing evaluation
of the centers and their compliance with the requirements of this
section.
``(i) Authorization of Appropriations.--(1) There are authorized to
be appropriated to the Department of Veterans Affairs for the centers
established under this section amounts as follows:
``(A) $3,125,000 for fiscal year 2005.
``(B) $6,250,000 for each of fiscal years 2006 through
2008.
``(2) In addition to amounts authorized to be appropriated by
paragraph (1) for a fiscal year, the Under Secretary for Health shall
allocate to each center established under this section, from other
funds authorized to be appropriated for such fiscal year for the
Department generally for medical and for medical and prosthetics
research, such additional amounts as the Under Secretary for Health
determines appropriate to carry out the purpose of this section.''.
(2) The table of sections at the beginning of chapter 73 is amended
by inserting after the item relating to section 7326, the following new
item:
``7327. Centers for research, education,
and clinical activities on
blast injuries''.
(b) Designation of Centers.--The Secretary of Veterans Affairs
shall designate at least one center for research, education, and
clinical activities on blast injuries as required by section 7327 of
title 38, United States Code (as added by subsection (a)), not later
than January 1, 2005.
(c) Annual Reports.--(1) Not later than February 1 of each of 2006,
2007, and 2008, the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report
on the status and activities during the previous fiscal year of the
center for research, education, and clinical activities on blast
injuries established under section 7327 of title 38, United States Code
(as so added). Each such report shall include the following:
(A) A description of the activities carried out at each
center, and the funding provided for such activities.
(B) A description of the advances made at each of the
participating facilities of the each center in research,
education and training, and clinical activities on blast
injuries .
(C) A description of the actions taken by the Under
Secretary for Health pursuant to subsection (g) of that section
(as so added) to disseminate information derived from such
activities throughout the Veterans Health Administration.
(D) The assessment of the Secretary of the effectiveness of
the centers in fulfilling the purposes of the centers. | Directs the Secretary of Veterans Affairs (Secretary) to establish and operate at least one, but not more than three, centers for research, education, and clinical activities on blast injuries.
Requires the Secretary to designate a center or centers upon the recommendation of the Under Secretary for Health subject to specified requirements and findings.
Requires the official within the central office of the Veterans Health Administration (VHA) responsible for blast injury matters to establish a peer review panel to assess the scientific and clinical merits of proposals for the designation of centers.
Authorizes clinical and scientific investigation activities at each center to compete on a priority basis for the award of funds from amounts appropriated to the Department of Veterans Affairs for medical and prosthetics research.
Requires the Under Secretary for Health to ensure that useful information produced by the centers is disseminated throughout the VHA.
Gives responsibility for supervising operation of the centers to the official within the central office of the VHA responsible for blast injury matters.
Requires the Secretary to designate at least one center no later than January 1, 2005.
Directs the Secretary to submit reports on center activities to the House and Senate Veterans' Affairs Committees. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to improve the provision of health care, rehabilitation, and related services to veterans suffering from trauma relating to a blast injury, and for other purposes."} | 2,262 | 257 | 0.583552 | 1.76319 | 0.749947 | 4.826667 | 10.084444 | 0.897778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vessel Conveyance Act''.
SEC. 2. CONVEYANCE OF UNITED STATES VESSELS FOR PUBLIC PURPOSES.
(a) In General.--The conveyance of a United States Government
vessel to an eligible entity for use as an educational, cultural,
historical, charitable, or recreational or other public purpose shall
be made subject to any conditions, including the reservation of such
rights on behalf of the United States, as the Secretary considers
necessary to ensure that the vessel will be maintained and used in
accordance with the purposes for which it was conveyed, including
conditions necessary to ensure that unless approved by the Secretary--
(1) the eligible entity to which the vessel is conveyed may
not sell, convey, assign, exchange, or encumber the vessel, any
part thereof, or any associated historic artifact conveyed to
the eligible entity in conjunction with the vessel; and
(2) the eligible entity to which the vessel is conveyed may
not conduct any commercial activities at the vessel, any part
thereof, or in connection with any associated historic artifact
conveyed to the eligible entity in conjunction with the vessel,
in any manner.
(b) Reversion.--In addition to any term or condition established
pursuant to this section, the conveyance of a United States Government
vessel shall include a condition that the vessel, or any associated
historic artifact conveyed to the eligible entity in conjunction with
the vessel, at the option of the Secretary, shall revert to the United
States and be placed under the administrative control of the
Administrator if, without approval of the Secretary--
(1) the vessel, any part thereof, or any associated
historic artifact ceases to be available for the educational,
cultural, historical, charitable, or recreational or other
public purpose for which it was conveyed under reasonable
conditions which shall be set forth in the eligible entity's
application;
(2) the vessel or any part thereof ceases to be maintained
in a manner consistent with the commitments made by the
eligible entity to which it was conveyed;
(3) the eligible entity to which the vessel is conveyed,
sells, conveys, assigns, exchanges, or encumbers the vessel,
any part thereof, or any associated historic artifact; or
(4) the eligible entity to which the vessel is conveyed,
conducts any commercial activities at the vessel, any part
thereof, or in conjunction with any associated historic
artifact.
(c) Agreement Required.--Except as may be otherwise explicitly
provided by statute, a United States Government vessel may not be
conveyed to an entity unless that entity agrees to comply with any
terms or conditions imposed on the conveyance under this section.
(d) Records and Monitoring.--
(1) Compilation and transfer.--The Secretary shall provide
a written or electronic record for each vessel conveyed
pursuant to the Secretary's authority, including the vessel
registration, the application for conveyance, the terms and
conditions of conveyance, and any other documents associated
with the conveyance, and any post-conveyance correspondence or
other documentation, to the Administrator.
(2) Monitoring.--For a period not less than 5 years after
the date of conveyance the Administrator shall monitor the
eligible entity's use of the vessel conveyed to ensure that the
vessel is being used in accordance with the purpose for which
it was conveyed. The Administrator shall create a written or
electronic record of such monitoring activities and their
findings.
(3) Maintenance.--The Administrator shall maintain vessel
conveyance records provided under paragraph (1), and monitoring
records created under paragraph (2), on each vessel conveyed
until such time as the vessel is destroyed, scuttled, recycled,
or otherwise disposed of. The Administrator may make the
records available to the public.
(e) Cost Estimates.--The Secretary may provide an estimate to an
eligible entity of the cost of maintaining and operating any vessel to
be conveyed to that entity.
(f) Guidance.--The Secretary may issue guidance concerning the
types and extent of commercial activities, including the sale of goods
or services incidental to, and consistent with, the purposes for which
a vessel was conveyed, that are approved by the Secretary for purposes
of subsections (a)(2) and (b)(4) of this section.
SEC. 3. WORKING GROUP ON CONVEYANCE OF UNITED STATES VESSELS.
Within 180 days after the date of enactment of this Act, the
Secretary of Transportation shall convene a working group, composed of
representatives from the Maritime Administration, the Coast Guard, and
the United States Navy to review and to make recommendations on a
common set of conditions for the conveyance of vessels of the United
States to eligible entities (as defined in section 2(d)(2)). The
Secretary may request the participation of senior representatives of
any other Federal department or agency, as appropriate.
SEC. 4. CIVIL ENFORCEMENT OF CONVEYANCE CONDITIONS.
(a) Civil Administrative Penalties.--
(1) Any eligible entity found by the Secretary, after
notice and opportunity for a hearing in accordance with section
554 of title 5, United States Code, to have failed to comply
with the terms and conditions under which a vessel was conveyed
to it shall be liable to the United States for a civil penalty.
The amount of the civil penalty under this paragraph shall not
exceed $10,000 for each violation. Each day of a continuing
violation shall constitute a separate violation.
(2) Compromise or other action by the secretary.--The
Secretary may compromise, modify, or remit, with or without
conditions, any civil administrative penalty imposed under this
section that has not been referred to the Attorney General for
further enforcement action.
(b) Hearing.--For the purposes of conducting any investigation or
hearing under this section, the Secretary may issue subpoenas for the
attendance and testimony of witnesses and the production of relevant
papers, books, and documents, and may administer oaths. Witnesses
summoned shall be paid the same fees and mileage that are paid to
witnesses in the courts of the United States. In case of contempt or
refusal to obey a subpoena served upon any person pursuant to this
subsection, the district court of the United States for any district in
which such person is found, resides, or transacts business, upon
application by the United States and after notice to such person, shall
have jurisdiction to issue an order requiring such person to appear and
give testimony before the Secretary or to appear and produce documents
before the Secretary, or both, and any failure to obey such order of
the court may be punished by such court as a contempt thereof. Nothing
in this Act shall be construed to grant jurisdiction to a district
court to entertain an application for an order to enforce a subpoena
issued by the Secretary of Commerce to the Federal Government or any
entity thereof.
(c) Jurisdiction.--The United States district courts shall have
original jurisdiction of any action under this section arising out of
or in connection with the operation, maintenance, or disposition of a
conveyed vessel, and proceedings with respect to any such action may be
instituted in the judicial district in which any defendant resides or
may be found. For the purpose of this section, American Samoa shall be
included within the judicial district of the District Court of the
United States for the District of Hawaii.
(d) Collection.--If an eligible entity fails to pay an assessment
of a civil penalty after it has become a final and unappealable order,
or after the appropriate court has entered final judgment in favor of
the Secretary, the matter may be referred to the Attorney General, who
may recover the amount (plus interest at currently prevailing rates
from the date of the final order). In such action the validity, amount,
and appropriateness of the final order imposing the civil penalty shall
not be subject to review. Any eligible entity that fails to pay, on a
timely basis, the amount of an assessment of a civil penalty shall be
required to pay, in addition to such amount and interest, attorney's
fees and costs for collection proceedings and a quarterly nonpayment
penalty for each quarter during which such failure to pay persists.
Such nonpayment penalty shall be in an amount equal to 20 percent of
the aggregate amount of such the entity's penalties and nonpayment
penalties which are unpaid as of the beginning of such quarter.
(e) Nationwide Service of Process.--In any action by the United
States under this Act, process may be served in any district where the
defendant is found, resides, transacts business or has appointed an
agent for the service of process, and for civil cases may also be
served in a place not within the United States in accordance with Rule
4 of the Federal Rules of Civil Procedure.
SEC. 5. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Eligible entity.--The term ``eligible entity'' means a
State or local government, nonprofit corporation, educational
agency, community development organization, or other entity
that agrees to comply with the conditions established under
this section.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the department or agency on whose authority a vessel is
conveyed to an eligible entity.
(4) United states government vessel.--The term ``United
States government vessel'' means a vessel owned by the United
States Government. | Vessel Conveyance Act - Subjects the conveyance of a U.S. government vessel to an eligible entity for use as an educational, cultural, historical, charitable, or recreational or other public purpose to conditions that such vessel will be maintained and used for such purposes. Requires a vessel that is not maintained and used for such purposes to revert to the United States.
Directs the Secretary of Transportation to convene a working group composed of representatives from the Maritime Adminsitration, the Coast Guard, and the U.S. Navy to review and make recommendations on a common set of conditions for the conveyance of U.S. vessels to eligible entities.
Sets forth civil penalties for violations of the requirements of this Act. | {"src": "billsum_train", "title": "A bill to ensure that vessels of the United States conveyed to eligible recipients for educational, cultural, historical, charitable, recreational, or other public purposes are maintained and utilized for the purposes for which they were conveyed."} | 2,080 | 162 | 0.578817 | 1.718024 | 0.751797 | 4.44186 | 14.767442 | 0.922481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Dog Protection Act''.
SEC. 2. PROHIBITIONS ON DOG FIGHTING VENTURES.
(a) In General.--Section 26 of the Animal Welfare Act (7 U.S.C.
2156) is amended to read as follows:
(1) in subsection (a)(1)--
(A) by striking ``any person to knowingly sponsor''
and inserting ``any person--
``(A) to knowingly sponsor'';
(B) by striking the period at the end and inserting
``; or'' and
(C) by adding at the end the following:
``(B) to knowingly sponsor or exhibit an animal in,
or knowingly attend, a dog fighting venture.'';
(2) in subsection (b)--
(A) by striking ``any person to knowingly sell''
and inserting ``any person--
``(A) to knowingly sell'';
(B) by striking the period at the end and inserting
``; or'' and
(C) by adding at the end the following:
``(B) to knowingly sell, buy, possess, train,
transport, deliver, or receive for purposes of
transportation, any dog or other animal, for the
purposes of having the dog or other animal, or
offspring of the dog or other animal, participate in a
dog fighting venture.'';
(3) by striking subsection (c) and inserting the following:
``(c) Use of Postal Service or other interstate instrumentality
It shall be unlawful for any person to knowingly use the mail service
of the United States Postal Service or any instrumentality of
interstate commerce for commercial speech that promotes, or in any
other manner furthers, the actions prohibited by subsections (a), (b),
or (e).'';
(4) in subsection (f) by striking ``by the United States''
before ``for care of animals seized and forfeited''.;
(5)(A) by redesignating subsections (g), (h), and (i) as
subsections (h), (i), and (j), respectively; and
(B) by inserting before subsection (h) (as so redesignated)
the following:
``(g) Supplemental Enforcement.--
``(1) Except as provided in paragraph (2) of this
subsection, any animal control agency, humane society, or
society for the prevention of cruelty to animals may commence a
civil suit to enjoin any private party who is alleged to be in
violation of any provision of this section concerning animal
fighting.
``(2) No action may be commenced under this subsection
prior to sixty days after written notice of the violation has
been given to the Secretary of Agriculture and to any alleged
violator of any provision of this section, except that such
action may be brought immediately after such notification in
the case of an action under this subsection respecting an
emergency posing an immediate risk of death or grievous
suffering to the well-being of any animal covered by this
section.
``(3) In any suit under this subsection in which the United
States is not a party, the Attorney General, at the request of
the Secretary, may intervene on behalf of the United States as
a matter of right.
``(4) The court, in issuing any final order in any suit
under this subsection, may award costs of litigation to any
party, whenever the court determines such award is appropriate.
``(5) The injunctive relief provided by this subsection
shall not restrict any right which any person may have under
any statute or common law to seek enforcement of any standard
or limitation or to seek any other relief.''; and
(6) in subsection (h) (as so redesignated)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) by redesignating paragraph (6) as paragraph
(7); and
(C) by inserting after paragraph (5) the following:
``(6) the term `dog fighting venture'--
``(A) means any event that--
``(i) involves a fight between at least 2
animals;
``(ii) includes at least one dog; and
``(iii) is conducted for purposes of sport,
wagering, or entertainment; and
``(B) does not include any activity the primary
purpose of which involves the use of 1 or more animals
to hunt another animal.''.
(b) Enforcement of Animal Fighting Prohibitions.--Section 49 of
title 18, United States Code, is amended by inserting ``(or in the case
of a dog fighting venture (as defined in section 26(g) of that Act) not
more than 5 years)'' before ``, or both''. | Federal Dog Protection Act - Amends the Animal Welfare Act to make it unlawful to knowingly: (1) sponsor or exhibit an animal in, or knowingly attend, a dog fighting venture; (2) sell, buy, possess, train, transport, deliver, or receive for purposes of transportation any dog or other animal for the purpose of having the dog or other animal, or offspring of the dog or other animal, participate in a dog fighting venture; or (3) use the U.S. mail service or any instrumentality of interstate commerce for commercial speech that promotes or furthers such prohibited actions.
Makes costs incurred for the care of animals seized and forfeited recoverable from the owner (currently recoverable costs are limited to those incurred by the United States).
Allows animal control agencies, humane societies, or societies for the prevention of cruelty to animals to commence a civil suit to enjoin any private party who is alleged to be in violation of provisions concerning animal fighting. Provides for enforcement. | {"src": "billsum_train", "title": "To amend the Animal Welfare Act to prohibit dog fighting ventures."} | 1,053 | 215 | 0.599146 | 1.61578 | 0.830479 | 5.010471 | 5.361257 | 0.895288 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Access and Rural Equity Act
of 2016'' or the ``CARE Act of 2016''.
SEC. 2. CLARIFYING REASONABLE COSTS FOR CRITICAL ACCESS HOSPITAL
MEDICARE PAYMENTS.
(a) Inclusion of Certain Costs as Reasonable Costs.--
(1) Inpatient critical access hospital services.--Section
1814(l) of the Social Security Act (42 U.S.C. 1395f(l)) is
amended by adding at the end the following new paragraph:
``(6) In determining payment and reasonable costs under
paragraph (1) for inpatient critical access services, the
Secretary shall recognize as allowable costs of the critical
access hospital at least the following:
``(A) Costs of services that would be considered
bona fide emergency services (as defined in section
1861(v)(1)(K)(ii)) if provided in a hospital emergency
room, including professional services and any
associated surgical on-call and standby costs.
``(B) Costs of a test or procedure performed at a
critical access hospital or an entity owned by the
critical access hospital, including a clinical
diagnostic laboratory test, mammogram (as defined in
section 354(a)(5) of the Public Health Service Act),
colonoscopy, cardiac stress test, pulmonary function
test, echocardiogram, and bone density study.
``(C) Standby and on-call costs for certified
registered nurse anesthetist services, regardless of
the number of surgical procedures requiring anesthesia
services and regardless of the number of full-time
equivalent physicians.
``(D) Costs of services provided by the critical
access hospital or satellite facility of the critical
access hospital that improve the total health of
communities, including immunization programs, health
clinics, and medical homes.
``(E) Costs of services provided by an off-campus
provider-based clinic described in section
1820(c)(2)(F) of the critical access hospital,
regardless of distance of such clinic from a hospital
or another critical access hospital.''.
(2) Outpatient critical access hospital services.--Section
1834(g) of the Social Security Act (42 U.S.C. 1395m(g)) is
amended by adding at the end the following new paragraph:
``(6) Coverage of certain additional costs as reasonable
costs.--In determining the reasonable costs of outpatient
critical access hospital services under paragraphs (1) and
(2)(A), the Secretary shall recognize as allowable the costs
described in paragraph (6) of section 1814(l).''.
(3) Conforming amendment.--Section 1861(v)(7) of the Social
Security Act (42 U.S.C. 1395x(v)(7)) is amended by adding at
the end the following new subparagraph:
``(E) For provisions further describing costs recognized as
reasonable costs for inpatient and outpatient critical access
hospital services, see sections 1814(l)(6) and 1834(g)(6).''.
(b) Treatment of Provider-Based Clinics of Critical Access
Hospitals.--Section 1820(c)(2) of the Social Security Act (42 U.S.C.
1395i-4(c)(2)) is amended--
(1) in subparagraph (B)(i)(I), by striking ``is located''
and inserting ``subject to subparagraph (E), is located''; and
(2) by adding at the end the following new subparagraph:
``(F) Treatment of off-campus provider-based
clinics.--Subparagraph (B)(i)(I) shall not apply to an
off-campus provider-based clinic (as described in
section 485.610 of title 45 of the Code of Federal
Regulations) of a facility designated as a critical
access hospital.''.
(c) Allowing Coordination for Provision of Emergency Services.--
Section 1820(c)(2) of the Social Security Act (42 U.S.C. 1395i-
4(c)(2)), as amended by subsection (b), is further amended--
(1) in subparagraph (B)(ii), by striking ``makes'' and
inserting ``subject to subparagraph (G), makes''; and
(2) by adding at the end the following new subparagraph:
``(G) Allowing coordination for provision of
emergency services.--The Secretary may waive the
requirements under subparagraph (B)(ii), with respect
to a facility, if such facility--
``(i) is located not more than 15 miles of
another facility or hospital that has an
emergency department that satisfies the
requirement of subparagraph (B)(ii); and
``(ii) coordinates with such other facility
or hospital with respect to furnishing 24-hour
emergency care services described in such
subparagraph to the area served by such
facility.''.
(d) Treatment of Medicaid Provider Taxes for Critical Access
Hospital Reasonable Costs.--
(1) Inpatient critical access hospital services.--Section
1814(l) of the Social Security Act (42 U.S.C. 1395f(l)), as
amended by subsection (a)(1), is further amended by adding at
the end the following new paragraph:
``(7)(A) In determining payment and reasonable costs under
paragraph (1) for inpatient critical access services--
``(i) with respect to a current permissible health
care related tax imposed and paid by the critical
access hospital for a cost reporting period beginning
before the date of enactment of this paragraph, the
Secretary shall not, through recoupment or otherwise,
disallow payment to the critical access hospital under
this subsection on the basis that payments to the
critical access hospital under this subsection offset
some or all of the costs of such tax; and
``(ii) with respect to a current permissible health
care related tax imposed and paid by the critical
access hospital for a cost reporting period beginning
on or after the date of enactment of this paragraph,
the Secretary shall--
``(I) assess the percentage of individuals
entitled to benefits under this part who are
furnished inpatient critical access hospital
services at such critical access hospital
during such cost reporting period and who are
also receiving medical assistance under the
Medicaid program under title XIX during such
period; and
``(II) adjust payments under this
subsection with respect to such services
furnished during such period in a manner
specified by the Secretary based on such
percentage to take into account such tax.
``(B) For purposes of this paragraph and section
1834(g)(7), the term `current permissible health care related
tax' means a broad-based health care related tax (as defined in
paragraph (3)(B) of such section) that is in effect prior to
enactment of this paragraph and for which there is not in
effect a hold harmless provision described in paragraph (4) of
such section.''.
(2) Outpatient critical access hospital services.--Section
1834(g) of the Social Security Act (42 U.S.C. 1395m(g)), as
amended by subsection (a)(2), is further amended by adding at
the end the following new paragraph:
``(7) Treatment of medicaid provider taxes.--In determining
payment for outpatient critical access hospital services under
paragraphs (1) and (2), the provisions of paragraph (7) of
section 1814(l) shall apply to payment for such services under
this subsection in the same manner as such provisions apply to
payment for inpatient critical access hospital services under
section 1814(l), except that in applying subparagraph (B) of
such paragraph (7), the reference to `individuals entitled to
benefits under this part' shall be deemed a reference to
`individuals enrolled under part B'.''. | Critical Access and Rural Equity Act of 2016 or the CARE Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to specify that, for purposes of determining Medicare payment and reasonable costs for both inpatient and outpatient critical access hospital (CAH) services, the Centers for Medicare & Medicaid Services (CMS) shall recognize as allowable costs those related to specified emergency, diagnostic, anesthetist, community health, and off-campus clinical services. Furthermore, in determining payment and reasonable costs for both inpatient and outpatient CAH services, CMS shall not disallow payment to a CAH on the basis that such payment offsets the cost of a current permissible health care-related tax imposed on and paid by the CAH. CMS must make specified payment adjustments to account for such a tax. Generally, under current law, a facility must be located beyond a specified driving distance from another hospital or facility in order to be designated as a CAH. The bill specifies that this requirement does not apply with respect to a CAH's off-campus provider-based clinic. Current law further requires a facility to provide certain 24-hour emergency care services as a condition of designation as a CAH. The bill allows CMS to waive this requirement with respect to a facility that coordinates with a nearby facility or hospital that provides such services. | {"src": "billsum_train", "title": "CARE Act of 2016"} | 1,748 | 367 | 0.561037 | 1.864075 | 0.712663 | 2.106122 | 6.126531 | 0.808163 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Elections Review Commission
Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION; MEMBERSHIP.
(a) Establishment.--There is established a commission to be known
as the Federal Elections Review Commission (hereafter in this Act
referred to as the ``Commission'').
(b) Purpose.--The purpose of the Commission shall be to study the
nature and consequences of the Federal electoral process and make
recommendations to ensure the integrity of, and public confidence in,
Federal elections.
(c) Membership.--The Commission shall be composed of 12 members,
who shall be appointed as follows:
(1) Three members shall be appointed by the President pro
tempore of the Senate based on recommendations by the majority
leader of the Senate.
(2) Three members shall be appointed by the President pro
tempore of the Senate based on recommendations of the minority
leader of the Senate.
(3) Three members shall be appointed by the Speaker of the
House of Representatives.
(4) Three members shall be appointed by the minority leader
of the House of Representatives.
(d) Qualifications of Members.--Members shall be appointed to the
Commission from among individuals who--
(1) have expertise in Federal election laws, the United
States Constitution, and the history of the United States, or
other pertinent qualifications or experience; and
(2) are not officers or employees of the United States.
(e) Other Considerations.--In appointing members of the Commission,
every effort shall be made to ensure that the members--
(1) represent a broad cross section of regional and
political perspectives in the United States; and
(2) provide fresh insights to analyzing the Federal
electoral process in order to maintain the integrity of, and
public confidence in, such process.
(f) Period of Appointment; Vacancies.--(1) Members of the
Commission shall be appointed not later than 60 days after the date of
enactment of this Act. Appointments shall be for the life of the
Commission.
(2) Any vacancy in the Commission shall not affect the powers of
the Commission, and shall be filled in the same manner as the original
appointment.
(g) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(h) Chairperson and Vice Chairperson.--The members of the
Commission shall elect a chairperson and vice chairperson from among
the members of the Commission.
(i) Additional Meetings.--The Commission shall meet at the call of
the chairperson.
(j) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
(k) Voting.--A vote of a member of the Commission with respect to
the duties of the Commission shall have the same weight as the vote of
any other member of the Commission.
SEC. 3. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall examine the nature and
consequences of the Federal electoral process and make recommendations
to ensure the integrity of, and public confidence in, Federal
elections.
(b) Specific Issues To Be Addressed.--The Commission shall examine
and report to the President, the Congress, and the Federal Election
Commission on, at a minimum, the following:
(1) The historic rationale for the electoral college, its
impact on Presidential elections, and the advisability of its
abolition or other options for reform, including the
possibility for proportional allocation of electors within
States.
(2) Voter registration issues, including same-day
registration, universal registration, the impact of ``motor
voter'' registration, and the accuracy of voter registration
rolls.
(3) Ballot access issues, including the procedural hurdles
that political parties must overcome to be placed on ballots,
the role of mail-in balloting in Federal elections, and the
distinction between mail-in and absentee balloting, including
the uniformity or lack thereof of the deadlines for the receipt
of ballots.
(4) Ballot design and technology issues, including the
impact of the physical ballot design, the advantages and
disadvantages of various technologies (including voting through
the use of the Internet) used to cast and count votes, the
feasibility and advisability of setting uniform national ballot
design and technology standards, the impact of the language
used on ballots, the simplicity of language, and the use of
foreign language ballots.
(5) Election day polling place issues, including the impact
of polling place closing times, the number and accessibility of
polling places, the training of poll workers, and voter
education.
(6) The feasibility and advisability of changing to
multiple day elections, weekend elections, expanding early
voting options, and limiting campaign activities (including
advertising and fundraising) to a set period of time.
(7) The impact of winner-take-all voting, and the
feasibility and advisability of election reforms such as
instant runoff voting, proportional representation, and fusion
balloting, with a particular emphasis on the impact on voter
turnout and expanding political dialog.
(8) The unique problems faced in voting by members of the
uniformed services, especially members stationed overseas, and
options for reform of the voting process for such individuals.
(9) The presidential primary process and the presidential
debate process, and options for reform of such processes.
(10) The costs of implementing various election reform
proposals and options for paying for such proposals, including
Federal cost-sharing.
(c) Analysis of Impact on Certain Issues.--With respect to each of
the issues referred to in subsection (b), in carrying out its
examination and report the Commission shall take into consideration--
(1) the speed, accuracy, and security of votes and vote
counts; and
(2) the impact on various demographic groups, including
racial minorities, individuals with disabilities, residents of
rural areas, and residents of urban areas.
SEC. 4. FINAL REPORT.
(a) In General.--Not later than 12 months after the date of the
initial meeting of the Commission, the Commission shall submit to the
President and the Congress a final report including--
(1) the findings and conclusions of the Commission; and
(2) recommendations for addressing the problems identified
as part of the Commission's analysis.
(b) Separate Views.--Any member of the Commission may submit
additional findings and recommendations as part of the final report.
SEC. 5. POWERS.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission may find advisable to fulfill the
requirements of this Act. The Commission shall hold at least one
hearing in the District of Columbia, and at least four hearings in
other regions of the United States.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the chairperson of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation.--Each member of the Commission shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission.
(b) Staff.--(1) The chairperson of the Commission may appoint staff
of the Commission, request the detail of Federal employees, and accept
temporary and intermittent services in accordance with section 3161 of
title 5, United States Code.
(2) The employment of an executive director of the Commission shall
be subject to the approval of the Commission.
(3) The rate of pay for the executive director and other personnel
of the Commission may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
SEC. 7. SUPPORT SERVICES.
The Administrator of General Services shall provide to the
Commission on a reimbursable basis such administrative support services
as the Commission may request.
SEC. 8. TERMINATION.
The Commission shall terminate not later than the date that is 30
days after the date the Commission submits its final report under
section 4.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $2,000,000 for the
Commission to carry out this Act. | Federal Elections Review Commission Act - Establishes the Federal Elections Review Commission to study and report to the President and the Congress on the nature and consequences of the Federal electoral process, making recommendations to ensure the integrity of, and public confidence in, Federal elections. | {"src": "billsum_train", "title": "To establish a commission to study and make recommendations with respect to the Federal electoral process."} | 1,885 | 55 | 0.564781 | 1.277581 | 1.118349 | 6.183673 | 36.632653 | 0.959184 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Science Education Incentive
Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) As concluded in the report of the Committee on Science
of the House of Representatives, ``Unlocking Our Future: Toward
a New National Science Policy,'' which was adopted by the House
of Representatives, the United States must maintain and improve
its preeminent position in science and technology in order to
advance human understanding of the universe and all it
contains, and to improve the lives, health, and freedoms of all
people.
(2) It is estimated that more than half of the economic
growth of the United States today results directly from
research and development in science and technology. The most
fundamental research is responsible for investigating our
perceived universe, to extend our observations to the outer
limits of what our minds and methods can achieve, and to seek
answers to questions that have never been asked before. Applied
research continues the process by applying the answers from
basic science to the problems faced by individuals,
organizations, and governments in the everyday activities, so
that our lives may become more meaningful and livable.
(3) The effectiveness of the United States in promoting
economic growth will be largely determined by the intellectual
capital and innovativeness of the United States. Education is
critical to developing this resource.
(4) The education programs of the United States need to
provide for 3 different kinds of intellectual capital. First,
the country needs scientists and engineers to continue the
research and development that is central to the economic growth
of the United States. Second, it needs technologically
proficient workers who are comfortable and capable dealing with
the demands of a science-based, high-technology workplace.
Last, it needs scientifically literate voters and consumers to
make intelligent decisions about public policy.
(5) Student performance on the recent Trends in
International Math and Science Study and the Program for
International Student Assessment highlights the shortcomings of
current K-12 science and mathematics education in the United
States, particularly when compared to other countries. We must
expect more from our Nation's educators and students if we are
to build on the accomplishments of previous generations. New
methods of teaching mathematics and science are required, as
well as better curricula and improved training of teachers,
coupled with strong parental involvement and support.
(6) Science is more than a collection of facts, theories,
and results. It is a process of inquiry built upon observations
and data that leads to a way of knowing and explaining the
perceived universe in logically derived concepts and theories.
(7) Students should learn science primarily by doing
science. Science education ought to reflect the scientific
process and be object-oriented, experiment-centered, and
concept-based.
(8) Children are naturally curious and inquisitive. To
successfully tap into these innate qualities, education in
science must begin at an early age and continue throughout the
entire school experience.
(9) Teachers provide the essential connection between
students and the content they are learning. High-quality, well-
trained prospective teachers need to be identified and
recruited by presenting to them a career that is respected by
their peers, is financially and intellectually rewarding, and
contains sufficient opportunities for advancement.
(10) Teachers must have incentives to remain in the
classroom and improve their practice, and training of teachers
is essential if the results are to be superior. Teachers need
to be knowledgeable of their content area, of their curriculum,
of up-to-date research in teaching and learning, and of
techniques that can be used to connect that information to
their students in their classroom.
SEC. 3. REFUNDABLE CREDIT FOR PORTION OF TUITION PAID FOR UNDERGRADUATE
EDUCATION OF CERTAIN TEACHERS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and by inserting
after section 35 the following new section:
``SEC. 36. TUITION FOR UNDERGRADUATE EDUCATION OF CERTAIN TEACHERS.
``(a) In General.--In the case of an individual who is an eligible
teacher for the taxable year, there shall be allowed as a credit
against the tax imposed by this subtitle an amount equal to 10 percent
of qualified undergraduate tuition paid by such individual.
``(b) Limitations.--
``(1) Dollar amount.--The credit allowed by this section
for any taxable year shall not exceed $1,000.
``(2) Teachers in high-needs schools districts.--In the
case of one of the first 5 taxable years in which a teacher is
an eligible teacher who teaches in an elementary school or a
secondary school (as those terms are defined in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)) receiving funds under part A of title I of such Act (20
U.S.C. 6311 et seq.), subparagraph (A) shall be applied by
substituting `$1,500' for `$1,000'.
``(3) Credit allowed only for 10 years.--No credit shall be
allowed under this section for any taxable year after the 10th
taxable year for which credit is allowed under this section.
``(c) Eligible Teacher.--For purposes of this section--
``(1) In general.--The term `eligible teacher' means, with
respect to a taxable year, any individual--
``(A) who is a full-time teacher, including a full-
time substitute teacher, in any of grades kindergarten
through 12th grade for the academic year ending in such
taxable year,
``(B)(i) who teaches primarily math, science,
engineering, or technology courses in 1 or more of
grades 9 through 12 during such academic year, or
``(ii) who teaches math, science, engineering, or
technology courses in 1 or more of grades kindergarten
through 8 during such academic year,
``(C) who, in the case that such individual is a
middle or secondary school teacher, received a
baccalaureate or similar degree with a major in
mathematics, science, engineering, or technology from
an institution of higher education, and
``(D) who is highly qualified (as defined in
section 9101(23) of the Elementary and Secondary
Education Act of 1965).
``(2) Special rule for administrative personnel.--School
administrative functions shall be treated as teaching courses
referred to in paragraph (1)(B) if such functions primarily
relate to such courses or are for a school which focuses
primarily on such courses.
``(d) Qualified Undergraduate Tuition.--For purposes of this
section, the term `qualified undergraduate tuition' means qualified
higher education expenses (as defined in section 529(e)(3)) for
enrollment or attendance at an institution of higher education, reduced
as provided in section 25A(g)(2) and by any credit allowed by section
25A with respect to such expenses.
``(e) Institution of Higher Education.--The term `institution of
higher education' means an institution of higher education as defined
in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or 36'' after ``section
35''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the last item and inserting the
following new items:
``Sec. 36. Tuition for undergraduate education of certain teachers.
``Sec. 37. Overpayments of tax.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act; except that only periods of being an eligible teacher (as
defined in section 36(c) of the Internal Revenue Code of 1986, as added
by this section) after such date shall be taken into account under
section 36(b)(3) of such Code, as so added.
SEC. 4. CREDITS FOR CERTAIN CONTRIBUTIONS BENEFITING SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION AT THE
ELEMENTARY AND SECONDARY SCHOOL LEVEL.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45J. CONTRIBUTIONS BENEFITING SCIENCE, TECHNOLOGY, ENGINEERING,
AND MATHEMATICS EDUCATION AT THE ELEMENTARY AND SECONDARY
SCHOOL LEVEL.
``(a) In General.--For purposes of section 38, the elementary and
secondary science, technology, engineering, and mathematics (STEM)
contributions credit determined under this section for the taxable year
is an amount equal to 100 percent of the qualified STEM contributions
of the taxpayer for such taxable year.
``(b) Qualified STEM Contributions.--For purposes of this section,
the term `qualified STEM contributions' means--
``(1) STEM school contributions,
``(2) STEM teacher externship expenses, and
``(3) STEM teacher training expenses.
``(c) STEM School Contributions.--For purposes of this section--
``(1) In general.--The term `STEM school contributions'
means--
``(A) STEM property contributions, and
``(B) STEM service contributions.
``(2) STEM property contributions.--The term `STEM property
contributions' means the amount which would (but for subsection
(f)) be allowed as a deduction under section 170 for a
charitable contribution of STEM inventory property if--
``(A) the donee is an elementary or secondary
school described in section 170(b)(1)(A)(ii),
``(B) substantially all of the use of the property
by the donee is within the United States or within the
defense dependents' education system for educational
purposes in any of the grades K-12 that are related to
the purpose or function of the donee,
``(C) the original use of the property begins with
the donee,
``(D) the property will fit productively into the
donee's education plan,
``(E) the property is not transferred by the donee
in exchange for money, other property, or services,
except for shipping, installation and transfer costs,
and
``(F) the donee's use and disposition of the
property will be in accordance with the provisions of
subparagraphs (B) and (E).
The determination of the amount of deduction under section 170
for purposes of this paragraph shall be made as if the
limitation under section 170(e)(3)(B) applied to all STEM
inventory property.
``(3) STEM service contributions.--The term `STEM service
contributions' means the amount paid or incurred during the
taxable year for STEM services provided in the United States or
in the defense dependents' education system for the exclusive
benefit of students at an elementary or secondary school
described in section 170(b)(1)(A)(ii) but only if--
``(A) the taxpayer is engaged in the trade or
business of providing such services on a commercial
basis, and
``(B) no charge is imposed for providing such
services.
``(4) STEM inventory property.--The term `STEM inventory
property' means, with respect to any contribution to a school,
any property--
``(A) which is described in paragraph (1) or (2) of
section 1221(a) with respect to the donor, and
``(B) which is determined by the school to be
needed by the school in providing education in grades
K-12 in the areas of science, technology, engineering,
or mathematics.
``(5) STEM services.--The term `STEM services' means, with
respect to any contribution to a school, any service determined
by the school to be needed by the school in providing education
in grades K-12 in the areas of science, technology,
engineering, or mathematics, including teaching courses of
instruction at such school in any such area.
``(6) Defense dependents' education system.--For purposes
of this subsection, the term `defense dependents' education
system' means the program established and operated under the
Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et
seq.).
``(d) STEM Teacher Externship Expenses.--For purposes of this
section--
``(1) In general.--The term `STEM teacher externship
expenses' means any amount paid or incurred to carry out a STEM
externship program of the taxpayer but only to the extent that
such amount is attributable to the participation in such
program of any eligible STEM teacher, including amounts paid to
such a teacher as a stipend while participating in such
program.
``(2) STEM externship program.--The term `STEM externship
program' means any program--
``(A) established by a taxpayer engaged in a trade
or business within an area of science, technology,
engineering, or mathematics, and
``(B) under which eligible STEM teachers receive
training to enhance their teaching skills in the areas
of science, technology, engineering, or mathematics or
otherwise improve their knowledge in such areas.
``(3) Eligible stem teacher.--The term `eligible STEM
teacher' means any individual--
``(A) who is a teacher in grades K-12 at an
educational organization described in section
170(b)(1)(A)(ii) which is located in the United States
or which is located on a United States military base
outside the United States, and
``(B) whose teaching responsibilities at such
school include, or are likely to include, any course in
the areas of science, technology, engineering, or
mathematics.
``(e) STEM Teacher Training Expenses.--The term `STEM teacher
training expenses' means any amount paid or incurred by a taxpayer
engaged in a trade or business within an area of science, technology,
engineering, or mathematics which is attributable to the participation
of any eligible STEM teacher in a regular training program provided to
employees of the taxpayer which is determined by such teacher's school
as enhancing such teacher's teaching skills in the areas of science,
technology, engineering, or mathematics.
``(f) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any amount allowed as a credit under this
section.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (18), by striking the period
at the end of paragraph (19), and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(20) the elementary and secondary science, technology,
engineering, and mathematics (STEM) contributions credit
determined under section 45J.''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45J. Contributions benefiting science, technology, engineering,
and mathematics education at the elementary
and secondary school level.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 5. ASSURANCE OF CONTINUED LOCAL CONTROL.
Nothing in this Act may be construed to authorize any department,
agency, officer, or employee of the United States to exercise any
direction, supervision, or control over the curriculum, program of
instruction, administration, or personnel of any educational
institution or school system. | National Science Education Incentive Act of 2005 - Amends the Internal Revenue Code to allow: (1) certain science, engineering, math, or technology teachers who teach in elementary or secondary schools a refundable tax credit for ten percent of their undergraduate tuition costs, up to $1,000 ($1,500 for teachers in high-needs school districts); and (2) a general business tax credit for certain contributions of property or services to elementary and secondary schools and for teacher training to promote instruction in science, technology, engineering, or mathematics (STEM contributions). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage stronger math and science programs at elementary and secondary schools."} | 3,565 | 114 | 0.371103 | 0.979709 | 0.620367 | 2.37963 | 30.287037 | 0.935185 |
SECTION 1. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means Dickinson Parks
& Recreation in Dickinson, North Dakota.
(2) Dickinson reservoir.--The term ``Dickinson Reservoir''
means the Dickinson Reservoir constructed as part of the Dickinson
Unit, Heart Division, Pick-Sloan Missouri Basin Program, as
authorized by section 9 of the Act of December 22, 1944 (commonly
known as the ``Flood Control Act of 1944'') (58 Stat. 891, chapter
665).
(3) Game and fish headquarters.--The term ``game and fish
headquarters'' means the approximately 10 acres of land depicted as
``Game and Fish Headquarters'' on the Map.
(4) Management agreement.--The term ``Management Agreement''
means the management agreement entitled ``Management Agreement
between the Bureau of Reclamation, et al., for the Development,
Management, Operation, and Maintenance of Lands and Recreation
Facilities at Dickinson Reservoir'', MA No. 07AG602222,
Modification No. 1 and dated March 15, 2017.
(5) Map.--The term ``Map'' means the map prepared by the Bureau
of Reclamation, entitled ``Dickinson Reservoir'', and dated May
2018.
(6) Permitted cabin land.--The term ``permitted cabin land''
means the land depicted as ``Permitted Cabin Land'' on the Map.
(7) Property.--The term ``property'' means any cabin site
located on permitted cabin land for which a permit is in effect on
the date of enactment of this Act.
(8) Recreation land.--The term ``recreation land'' means the
land depicted as ``Recreation and Public Purpose Lands'' on the
Map.
(9) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Commissioner of Reclamation.
(10) State.--The term ``State'' means the State of North
Dakota, acting through the North Dakota Game and Fish Department.
SEC. 2. CONVEYANCES TO DICKINSON DEPARTMENT OF PARKS AND RECREATION.
(a) Conveyances to Dickinson Department of Parks and Recreation.--
(1) In general.--Subject to the management requirements of
paragraph (3) and the easements and reservations under section 4,
not later than 5 years after the date of enactment of this Act, the
Secretary shall convey to the Department all right, title, and
interest of the United States in and to--
(A) the recreation land; and
(B) the permitted cabin land.
(2) Costs.--
(A) In general.--Except as provided in subparagraph (B),
the Secretary shall convey the land described in paragraph (1)
at no cost.
(B) Title transfer; land surveys.--As a condition of the
conveyances under paragraph (1), the Department shall agree to
pay all survey and other administrative costs necessary for the
preparation and completion of any patents for, and transfers of
title to, the land described in paragraph (1).
(3) Management.--
(A) Recreation land.--The Department shall manage the
recreation land conveyed under paragraph (1)--
(i) for recreation and public purposes consistent with
the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (44 Stat. 741,
chapter 578; 43 U.S.C. 869 et seq.);
(ii) for public access;
(iii) for fish and wildlife habitat; or
(iv) to preserve the natural character of the
recreation land.
(B) Permitted cabin land.--The Department shall manage the
permitted cabin land conveyed under paragraph (1)--
(i) for cabins or recreational residences in existence
as of the date of enactment of this Act; or
(ii) for any of the recreation land management purposes
described in subparagraph (A).
(4) Haying and grazing.--With respect to recreation land
conveyed under paragraph (1) that is used for haying or grazing
authorized by the Management Agreement as of the date of enactment
of this Act, the Department may continue to permit haying and
grazing in a manner that is permissible under the 1 or more haying
or grazing contracts in effect as of the date of enactment of this
Act.
(b) Reversion.--If a parcel of land conveyed under subparagraph (A)
or (B) of subsection (a)(1) is used in a manner that is inconsistent
with the requirements described in subparagraph (A) or (B),
respectively, of subsection (a)(3), the parcel of land shall, at the
discretion of the Secretary, revert to the United States.
(c) Sale of Permitted Cabin Land by Department.--
(1) In general.--If the Department sells any parcel of
permitted cabin land conveyed under subsection (a)(1)(B), the
parcel shall be sold at fair market value, as determined by a
third-party appraiser in accordance with the Uniform Standards of
Professional Appraisal Practice, subject to paragraph (2).
(2) Improvements.--For purposes of an appraisal conducted under
paragraph (1), any improvements on the permitted cabin land made by
the permit holder shall not be included in the appraised value of
the land.
(3) Proceeds from the sale of land by the department.--If the
Department sells a parcel of permitted cabin land conveyed under
subsection (a)(1)(B), the Department shall pay to the Secretary the
amount of any proceeds of the sale that exceed the costs of
preparing the sale by the Department.
(d) Availability of Funds to the Secretary.--Any amounts paid to
the Secretary for land conveyed by the Secretary under this Act shall
be made available to the Secretary, subject to the availability of
appropriations made in advance, for activities relating to the
operation of the Dickinson Dam and Reservoir.
SEC. 3. CONVEYANCE OF GAME AND FISH HEADQUARTERS TO THE STATE.
(a) Conveyance of Game and Fish Headquarters.--Not later than 5
years after the date of enactment of this Act, the Secretary shall
convey to the State all right, title, and interest of the United States
in and to the game and fish headquarters, on the condition that the
game and fish headquarters continue to be used as a game and fish
headquarters or substantially similar purposes.
(b) Reversion.--If land conveyed under subsection (a) is used in a
manner that is inconsistent with the requirements described in that
subsection, the land shall, at the discretion of the Secretary, revert
to the United States.
SEC. 4. RESERVATIONS, EASEMENTS, AND OTHER OUTSTANDING RIGHTS.
(a) In General.--Each conveyance to the Department or the State
pursuant to this Act shall be made subject to--
(1) valid existing rights;
(2) operational requirements of the Pick-Sloan Missouri River
Basin Program, as authorized by section 9 of the Act of December
22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58
Stat. 891, chapter 665), including the Dickinson Reservoir;
(3) any flowage easement reserved by the United States to allow
full operation of Dickinson Reservoir for authorized purposes;
(4) reservations described in the Management Agreement;
(5) oil, gas, and other mineral rights reserved of record, as
of the date of enactment of this Act, by, or in favor of, the
United States or a third party;
(6) any permit, license, lease, right-of-use, flowage easement,
or right-of-way of record in, on, over, or across the applicable
property or Federal land, whether owned by the United States or a
third party, as of the date of enactment of this Act;
(7) a deed restriction that prohibits building any new
permanent structure on property below an elevation of 2,430.6 feet;
and
(8) the granting of applicable easements for--
(A) vehicular access to the property; and
(B) access to, and use of, all docks, boathouses, ramps,
retaining walls, and other improvements for which access is
provided in the permit for use of the property as of the date
of enactment of this Act.
(b) Liability; Taking.--
(1) Liability.--The United States shall not be liable for flood
damage to a property subject to a permit, the Department, or the
State, or for damages arising out of any act, omission, or
occurrence relating to a permit holder, the Department, or the
State, other than for damages caused by an act or omission of the
United States or an employee, agent, or contractor of the United
States before the date of enactment of this Act.
(2) Taking.--Any temporary flooding or flood damage to the
property of a permit holder, the Department, or the State, shall
not be considered to be a taking by the United States.
SEC. 5. INTERIM REQUIREMENTS.
During the period beginning on the date of enactment of this Act
and ending on the date of conveyance of a property or parcel of land
under this Act, the provisions of the Management Agreement that are
applicable to the property or land, or to leases between the State and
the Secretary, and any applicable permits, shall remain in force and
effect.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | This bill directs the Commissioner of Reclamation to: (1) provide to the holder of a permit for a cabin site located on federal property around the Dickinson Reservoir in North Dakota the first option to purchase the site for fair market value, provided that the permittee first pay to Dickinson Parks & Recreation (the Department) any outstanding permit fees before exercising such option; and (2) convey to a permittee who exercises such option all U.S. interest in the site, easements for access to the site, a dock for the site, and the improvements on it. The fair market value of a property shall be determined by a local, third-party appraiser, valuing the property as unimproved residential property, excluding all improvements. Beginning two years after enactment of this bill: (1) if a permittee has not exercised such option, the Commissioner shall transfer the site to the Department, without cost; and (2) the Commissioner shall transfer to the Department, without cost, land currently managed by the Department on which no cabin is located. Each such conveyance and transfer shall be made subject to specified mineral rights and rights-of-way of third parties. A permittee may not build any new permanent structure below an elevation of 2,430 feet. If a permittee builds such a structure, the permittee's site shall revert to the Department. Revenues from a sale of federal land pursuant to this bill shall be made available to the Commissioner for: (1) the costs of carrying out this bill, and (2) deferred maintenance activities relating to the operation of the dam in the Dickinson Reservoir. | {"src": "billsum_train", "title": "A bill to establish a procedure for the conveyance of certain Federal property around the Dickinson Reservoir in the State of North Dakota."} | 2,186 | 369 | 0.564755 | 1.665335 | 0.581844 | 1.746795 | 6.115385 | 0.810897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Visa Integrity and Security Act of
2016''.
SEC. 2. PETITION AND APPLICATION PROCESSING FOR VISAS AND IMMIGRATION
BENEFITS.
(a) In General.--Chapter 2 of title II of the Immigration and
Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after
section 211 the following:
``SEC. 211A. PETITION AND APPLICATION PROCESSING.
``(a) Signature Requirement.--
``(1) In general.--No petition or application filed with
the Secretary of Homeland Security or with a consular officer
relating to the issuance of a visa or to the admission of an
alien to the United States as an immigrant or as a nonimmigrant
may be approved unless the petition or application is signed by
each party required to sign such petition or application.
``(2) Applications for immigrant visas.--Except as may be
otherwise prescribed by regulations, each application for an
immigrant visa shall be signed by the applicant in the presence
of the consular officer, and verified by the oath of the
applicant administered by the consular officer.
``(b) Completion Requirement.--No petition or application filed
with the Secretary of Homeland Security or with a consular officer
relating to the issuance of a visa or to the admission of an alien to
the United States as an immigrant or as a nonimmigrant may be approved
unless each applicable portion of the petition or application has been
completed.
``(c) Translation Requirement.--No document submitted in support of
a petition or application for a nonimmigrant or immigrant visa may be
accepted by a consular officer if such document contains information in
a foreign language, unless such document is accompanied by a full
English translation, which the translator has certified as complete and
accurate, and by the translator's certification that he or she is
competent to translate from the foreign language into English.
``(d) Requests for Additional Information.--In an instance where
the Secretary of Homeland Security or a consular officer requests any
additional information relating to a petition or application filed with
the Secretary or consular officer relating to the issuance of a visa or
to the admission of an alien to the United States as an immigrant or as
a nonimmigrant, such petition or application may not be approved unless
all of the additional information requested is provided in complete
form and is provided on or before any deadline included in the request.
``SEC. 211B. BACKGROUND CHECKS AND OTHER SCREENING REQUIREMENTS.
``(a) Comprehensive Security and Background Check.--Except as
otherwise provided in subsection (b), no petition or application filed
with the Secretary of Homeland Security or with a consular officer
relating to the issuance of a visa to or to the admission of an alien
to the United States as an immigrant or as a nonimmigrant may be
approved unless a background check to determine whether or not the
alien is a national security threat and or is otherwise ineligible for
such visa or admission is completed for--
``(1) the petitioner or applicant; and
``(2) each beneficiary or derivative of the petition or
application.
``(b) Security Advisory Opinion Required.--
``(1) In general.--In addition to any other limitation
under the immigration laws on the issuance of a nonimmigrant or
immigrant visa, no such visa may be issued to an alien (other
than an alien described in paragraph (2)) until the completion
of a security advisory opinion for that alien, if--
``(A) that alien is a national of--
``(i) Iran, Iraq, Libya, Somalia, Syria,
Sudan, or Yemen; or
``(ii) any other country, as the Secretary
of State determines appropriate;
``(B) that alien is a national of a country, which
on the date of enactment of this section the Secretary
of State has designated as a country whose nationals
should be subject to a security advisory opinion; or
``(C) the consular officer determines a security
advisory opinion is appropriate for that alien.
``(2) Certain aliens excepted.--An alien described in this
paragraph is any alien--
``(A) for whom the consular officer determines a
security advisory opinion is not appropriate; and
``(B)(i) who has applied for a visa under
subparagraph (A) or (G) of section 101(a)(15);
``(ii) whose admission is necessary to permit the
United States to comply with the Agreement regarding
the Headquarters of the United Nations, signed at Lake
Success June 26, 1947, and entered into force November
21, 1947, between the United Nations and the United
States, or other applicable international obligations;
or
``(iii) who has applied for a visa which is within
the NATO visa category.
``(c) Review of Social Media Activity.--The background check under
subsection (a) shall include a review of the alien's publicly available
interactions on and posting of material to the Internet (including
social media services).
``(d) DNA Testing.--No petition or application filed with the
Secretary of Homeland Security or with a consular officer relating to
the issuance of an immigrant visa to an alien or to the admission of an
alien to the United States as an immigrant, if the eligibility for the
immigration benefit is predicated on the fact that a biological
relationship exists between the petitioner or applicant and the
beneficiary or derivative, may be approved, unless a genetic test is
conducted to confirm such biological relationship and the results of
such test are submitted as part of the petition or application. Any
such genetic test shall be conducted at the expense of the petitioner
or applicant.
``(e) Interviews.--No petition or application filed with the
Secretary of Homeland Security for any benefit under this Act, except
for work authorization, by or on behalf of an alien present in the
United States may be approved unless the Secretary conducts an in-
person interview with that alien. The Secretary may waive such
requirement in the case of any alien who would be 10 years of age or
younger at the time of the interview.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item pertaining to section 211 the following:
``211A. Petition and application processing.
``211B. Background checks and other screening requirements.''.
(c) Conforming Amendment.--Section 222(e) of the Immigration and
Nationality Act (8 U.S.C. 1201(e)) is amended by striking the
following: ``Except as may be otherwise prescribed by regulations, each
application for an immigrant visa shall be signed by the applicant in
the presence of the consular officer, and verified by the oath of the
applicant administered by the consular officer.''.
(d) Application.--The amendments made by this section shall apply
with respect to applications and petitions filed after the date of the
enactment of this Act.
SEC. 3. FRAUD PREVENTION.
(a) Prospective Analytics Technology.--
(1) Plan for implementation.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Homeland
Security shall submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of
the Senate a plan for the use of advanced analytics software to
ensure the proactive detection of fraud in immigration benefits
applications and petitions and to ensure that any such
applicant or petitioner does not pose a threat to national
security.
(2) Implementation of plan.--Not later than 1 year after
the date of the submission of the plan under paragraph (1), the
Secretary of Homeland Security shall begin implementation of
the plan.
(b) Benefits Fraud Assessment.--
(1) In general.--The Secretary of Homeland Security, acting
through the Fraud Detection and Nationality Security
Directorate, shall complete a benefit fraud assessment by
fiscal year 2021 on each of the following:
(A) Petitions by VAWA self-petitioners (as such
term is defined in section 101(a)(51) of the
Immigration and Nationality Act).
(B) Applications or petitions for visas or status
under section 101(a)(15)(K) of such Act or under
section 201(b)(2) of such Act, in the case of spouses.
(C) Applications for visas or status under section
101(a)(27)(J) of such Act.
(D) Applications for visas or status under section
101(a)(15)(U) of such Act.
(E) Petitions for visas or status under section
101(a)(27)(C) of such Act.
(F) Applications for asylum under section 208 of
such Act.
(G) Applications for adjustment of status under
section 209 of such Act.
(H) Petitions for visas or status under section
201(b) of such Act.
(2) Reporting on findings.--Not later than 30 days after
the completion of each benefit fraud assessment under paragraph
(1), the Secretary shall submit to the Committee on the
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate such assessment and recommendations
on how to reduce the occurrence of instances of fraud
identified by the assessment.
SEC. 4. VISA SECURITY PROGRAM.
(a) Funding.--
(1) In general.--Notwithstanding any other provision of
law, beginning in fiscal year 2016 and thereafter, the
Secretary of State is authorized to charge surcharges in
support of visa security that are in addition to the passport
and immigrant visa fees in effect on January 1, 2004, and any
other fees collected pursuant to the fourth paragraph under the
heading ``Diplomatic and Consular Programs'' in the Department
of State and Related Agency Appropriations Act, 2005 (title IV
of division B of Public Law 108-447): Provided, that funds
collected pursuant to this authority shall be credited to the
appropriation for U.S. Immigration and Customs Enforcement for
the fiscal year in which the fees were collected, and shall be
available until expended for the funding of the Visa Security
Program established by the Secretary of Homeland Security under
section 428(e) of the Homeland Security Act of 2002 (Public Law
107-296): Provided further, that such surcharges shall total
the amount sufficient annually to cover the Visa Security
Program costs.
(2) Repayment of appropriated funds.--Twenty percent of the
funds collected each fiscal year under the heading ``Diplomatic
and Consular Programs'' in title IV of division B of the
Department of State and Related Agency Appropriations Act, 2005
(Public Law 108-447) shall be deposited into the general fund
of the Treasury as repayment of funds appropriated pursuant to
subsection (b)(3) until the entire appropriated sum has been
repaid.
(b) Expeditious Expansion of Assignment of Homeland Security
Employees to Diplomatic and Consular Posts.--
(1) In general.--Section 428 of the Homeland Security Act
of 2002 (6 U.S.C. 236) is amended--
(A) in subsection (e)--
(i) by amending paragraph (1) to read as
follows:
``(1) In general.--Not later than 4 years after the date of
the enactment of the Visa Integrity and Security Act of 2016,
the Secretary shall assign employees of the Department to each
diplomatic and consular post at which visas are issued, and
shall communicate such assignments to the Secretary of
State.''; and
(ii) by amending paragraph (2)(B) to read
as follows:
``(B) Review all such applications and supporting
documentation prior to the adjudication of such an
application.''; and
(B) by striking subsection (i).
(2) Expedited clearance and placement of dhs personnel.--
Notwithstanding any other provision of law, and the processes
set forth in National Security Defense Directive 38 (dated June
2, 1982) or any successor Directive, not later than one year
after the date on which the Secretary of Homeland Security
communicates to the Secretary of State the assignment of
personnel to a diplomatic or consular post under section 428(e)
of the Homeland Security Act of 2002 (6 U.S.C. 236(e)), as
amended by this Act, the Chief of Mission of such a post shall
ensure that such personnel have been stationed and accommodated
at that post and are able to carry out their duties.
(3) Authorization of appropriations.--There is authorized
to be appropriated $60,000,000 for each of fiscal years 2017
and 2018, which shall be used to expedite the implementation of
section 428(e) of the Homeland Security Act of 2002 (6 U.S.C.
236(e)), as amended by this Act.
SEC. 5. BURDEN OF PROOF.
(a) In General.--Section 291 of the Immigration and Nationality Act
(8 U.S.C. 1361) is amended--
(1) by striking ``to the satisfaction of the consular
officer'' and inserting ``by clear and convincing evidence'';
and
(2) by striking ``to the satisfaction of the Attorney
General'' and by inserting ``by clear and convincing
evidence''.
(b) Conforming Amendment.--Section 214(b) of such Act (8 U.S.C.
1184(b)) is amended by striking ``establishes to the satisfaction of
the consular officer,'' and inserting ``establishes by clear and
convincing evidence to the consular officer,''.
(c) Application.--The amendments made by this section shall apply
with respect to applications filed on or after the date of the
enactment of this Act.
SEC. 6. GAO REPORT.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a review and report to Congress on the security of
nonimmigrant and immigrant visa application processes. Such a review
shall address--
(1) how the United States government conducts security
screening and background checks for nonimmigrant and immigrant
visa petitions and applications, including the agencies and
partners involved and the systems and databases used; and
(2) how the Departments of Homeland Security and State
consider the results of such screening and background checks in
adjudicating nonimmigrant and immigrant visa petitions and
applications.
(b) Agency Cooperation.--Each agency involved in the processes for
conducting and considering the results of such security screening and
background checks shall fully cooperate with, and provide timely access
to, the Comptroller General any requests for records and information. | Visa Integrity and Security Act of 2016 This bill amends the Immigration and Nationality Act (INA) to require that: (1) visa and admissions petitions and applications filed with the Department of Homeland Security (DHS) or a consular officer must contain all required signatures; (2) each immigrant visa application must be signed in the presence of a consular officer and verified by oath; (3) supporting documents that contain information in a foreign language may not be accepted without a certified English translation; and (4) any requested additional information must be provided in complete form before a petition or application is approved. No petition or application may be approved unless a background check is completed to determine whether each petitioner/applicant or beneficiary/derivative is a national security threat or is otherwise ineligible for entry. A background check shall include a review of social media activity. No immigrant or nonimmigrant visa may be issued (with specified exceptions) until completion of a security advisory opinion for an alien: (1) who is a national of Iran, Iraq, Libya, Somalia, Syria, Sudan, Yemen, or any other country that the Department of State determines appropriate; (2) who is a national of a country that the State Department has designated as a country whose nationals should be subject to a security advisory opinion; or (3) for whom the consular officer determines a security advisory opinion is appropriate. A petition or application for an immigrant visa based upon a biological relationship between the petitioner or applicant and the beneficiary or derivative must include genetic test results confirming such relationship. DHS shall conduct an in-person interview with a person seeking any INA benefit, except for work authorization. DHS shall: (1) submit and implement a plan for the use of advanced analytics software to ensure the proactive detection of fraud in immigration benefits applications and petitions and to ensure that any such applicant or petitioner does not pose a national security threat; and (2) complete a benefit fraud assessment for certain visa categories by FY2021. The State Department may impose visa security surcharges. The Homeland Security Act of 2002 is amended to require the assignment of DHS personnel to each diplomatic and consular post that issues visas. INA is amended to require an alien seeking U.S. entry to establish by clear and convincing evidence (currently, to establish to the satisfaction of the consular officer or the Attorney General, respectively) that he or she is eligible to receive the document required for entry or that he or she is is not inadmissible. | {"src": "billsum_train", "title": "Visa Integrity and Security Act of 2016"} | 3,357 | 548 | 0.61917 | 2.028134 | 0.792886 | 3.492754 | 6.043478 | 0.904762 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) It is in the interest of the United States to maximize
economic return from the growing trade in cruise ship sailings
to and from Alaska by encouraging the use of United States
berthing and repair facilities, labor, supplies, and other
services, as well as the growth of new enterprises such as the
carriage of passengers on luxury cruises between ports in
Alaska.
(2) In promoting additional economic benefits to the United
States from the cruise ship industry, there is a need to ensure
that existing employment and economic activity associated with
the Alaska Marine Highway System, United States-flag tour boats
operating from Alaska ports, and similar efforts are protected
from adverse impacts.
(3) Cruise ship sailings to Alaska comprise a vital and
growing segment of the United States travel industry. The
number of passengers entering or leaving Alaska via cruise ship
increased by 14 percent in the last two years alone, and is
expected to continue increasing at a similar or higher rate.
(4) No United States-flag cruise ships are presently
available to enter the Alaska trade. Thus, all cruise ships
carrying passengers to and from Alaska destinations are
foreign-flag vessels which are precluded, under current law,
from carrying passengers from other United States ports to
ports in Alaska, and from carrying passengers between ports in
Alaska.
(5) The City of Vancouver, British Columbia receives
substantial economic benefit through providing services to
cruise ships in the Alaska trade, including direct and indirect
employment of 2,435 persons in 1992, and direct and indirect
payments for goods and services of $119,700,000.
(6) The transfer of cruise ship-based economic activity
from Vancouver, British Columbia to United States ports could,
at 1992 spending levels, yield additional Federal Government
revenues of $97,600,000 per annum, and additional State and
local government revenues of $29,700,000.
SEC. 2. FOREIGN FLAG CRUISE VESSELS.
(a) Waiver.--Notwithstanding provisions of section 8 of the Act of
June 19, 1886 (46 U.S.C. 289), or any other provision of law,
passengers may be transported in foreign-flag cruise vessels between
ports in Alaska and between ports in Alaska and other United States
ports, except as otherwise provided by this section.
(b) Coastwise Trade.--Upon a showing satisfactory to the Secretary
of Transportation, by the owner or charterer of a United States cruise
vessel, that service aboard such vessel qualified to engage in the
coastwise trade is being offered or advertised pursuant to a
Certificate of Financial Responsibility for Indemnification of
Passengers for Nonperformance of Transportation (46 App. U.S.C. 817e)
from the Federal Maritime Commission for service in the coastwise trade
between ports in Alaska or between ports in Alaska and other ports in
the United States, or both, the Secretary shall notify the owner or
operator of one or more foreign-flag cruise vessels transporting
passengers under authority of this section, if any, that he shall,
within one year from the date of notification, terminate such service.
Coastwise privileges granted to any owner or operator of a foreign-flag
cruise vessel under this section shall expire on the 365th day
following receipt of the Secretary's notification.
(c) Notification.--Notifications issued by the Secretary under
subsection (b) of this section shall be issued to the owners or
operators of foreign-flag cruise vessels--
(1) in the reverse of the order in which foreign-flag
cruise vessels entered the coastwise service under this
section determined by the date of the vessels' first coastwise
sailing; and
(2) in the minimum number as to ensure that the passenger-
carrying capacity thereby removed from coastwise service
exceeds the passenger-carrying capacity of the United States
cruise vessel which is entering the service.
(d) Termination.--If, at the expiration of the 365-day period
specified in subsection (b) of this section, the United States cruise
vessel that has offered service has not entered the coastwise passenger
trade between ports in Alaska or between ports in Alaska and other
ports in the United States, then the termination of service required by
subsection (b) shall not take effect until 90 days following the entry
into trade by the United States vessel.
(e) Definitions.--For the purposes of this section, the term--
(1) ``cruise vessel'' means a vessel of greater than 5,000
deadweight tons which provides a full range of luxury
entertainment, personal care and food services for its
passengers; and
(2) ``foreign-flag cruise vessels'' does not apply to
vessels which regularly carry for hire both passengers and
vehicles or other cargo.
(f) Disclaimer.--Nothing in this Act shall be construed as
affecting or otherwise modifying the authority contained in the Act of
June 30, 1961 (46 U.S.C. 289b) authorizing the transportation of
passengers and merchandise in Canadian vessels between ports in Alaska
and the United States. | Prescribes guidelines under which passengers may be transported in foreign-flag cruise vessels between ports in Alaska and between ports in Alaska and other U.S. ports. | {"src": "billsum_train", "title": "A bill to increase economic benefits to the United States from the activities of cruise ships visiting Alaska."} | 1,056 | 35 | 0.566807 | 1.409306 | 0.568169 | 8.035714 | 36.035714 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Access to Rehabilitation
for Every Senior (CARES) Act of 2013''.
SEC. 2. ELIMINATION OF MEDICARE 3-DAY PRIOR HOSPITALIZATION REQUIREMENT
FOR COVERAGE OF SKILLED NURSING FACILITY SERVICES IN
QUALIFIED SKILLED NURSING FACILITIES.
(a) In General.--Subsection (f) of section 1812 of the Social
Security Act (42 U.S.C. 1395d) is amended to read as follows:
``(f) Coverage of Extended Care Services Without a 3-Day Prior
Hospitalization for Qualified Skilled Nursing Facility.--
``(1) In general.--Effective for extended care services
furnished pursuant to an admission to a skilled nursing
facility that occurs more than 90 days after the date of the
enactment of the Creating Access to Rehabilitation for Every
Senior (CARES) Act of 2013, coverage shall be provided under
this part for an individual for such services in a qualified
skilled nursing facility that are not post-hospital extended
care services.
``(2) Continued application of certification and other
requirements and provisions.--The requirements of the following
provisions shall apply to extended care services provided under
paragraph (1) in the same manner as they apply to post-hospital
extended care services:
``(A) Paragraphs (2) and (6) of section 1814(a),
except that the requirement of paragraph (2)(B) of such
section shall not apply insofar as it relates to any
required prior receipt of inpatient hospital services.
``(B) Subsections (b)(2) and (e) of this section.
``(C) Paragraphs (1)(G)(i), (2)(A), and (3) of
section 1861(v).
``(D) Section 1861(y).
``(E) Section 1862(a)(18).
``(F) Section 1866(a)(1)(H)(ii)(I).
``(G) Subsections (d) and (f) of section 1883.
``(H) Section 1888(e).
``(3) Qualified skilled nursing facility defined.--
``(A) In general.--In this subsection, the term
`qualified skilled nursing facility' means a skilled
nursing facility that the Secretary determines--
``(i) subject to subparagraphs (B) and (C),
based upon the most recent ratings under the
system established for purposes of rating
skilled nursing facilities under the Medicare
Nursing Home Compare program, has an overall
rating of 3 or more stars or a score of 4 stars
or higher on the individual quality domain or
on the staffing quality domain; and
``(ii) is not subject to a quality-of-care
corporate integrity agreement (relating to one
or more programs under this Act) that is in
effect with the Inspector General of the
Department of Health and Human Services and
that requires the facility to retain an
independent quality monitor.
The Secretary may make a determination under clause
(ii) based upon the most current information contained
in the website of the Inspector General.
``(B) Waiver of ratings to ensure access.--The
Secretary may, upon application, waive the requirement
of subparagraph (A)(i) for a skilled nursing facility
in order to ensure access to extended care services
that are not post-hospital extended care services in
particular underserved geographic areas.
``(C) Grace period for correction of ratings.--In
the case of a skilled nursing facility that qualifies
as a qualified skilled nursing facility for a period
and that would be disqualified under subparagraph
(A)(i) because of a decline in its star rating, before
disqualifying the facility the Secretary shall provide
the facility with a grace period of 1 year during which
the facility seeks to improve its ratings based on a
plan of correction approved by the Secretary.
``(D) Holding beneficiaries harmless in case of
disqualification of a facility.--In the case of a
skilled nursing facility that qualifies as a qualified
skilled nursing facility for a period and that is
disqualified under subparagraph (A), such
disqualification shall not apply to or affect
individuals who are admitted to the facility at the
time of the disqualification.''.
(b) MedPAC Study of Cost of Implementation.--The Medicare Payment
Advisory Commission shall conduct a study of, and submit a report to
Congress and the Secretary of Health and Human Services on, the cost of
impact of the amendment made by subsection (a), no later than June 1,
2016. | Creating Access to Rehabilitation for Every Senior (CARES) Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act with respect to coverage of extended care services without regard to the three-day prior hospitalization requirement (non-post-hospital extended care services). Restricts such coverage to non-post-hospital extended care services in a qualified skilled nursing facility. Directs the Medicare Payment Advisory Commission (MEDPAC) to study the cost of impact of this Act. | {"src": "billsum_train", "title": "Creating Access to Rehabilitation for Every Senior (CARES) Act of 2013"} | 1,030 | 109 | 0.539758 | 1.319112 | 0.701939 | 3.48913 | 9.869565 | 0.902174 |
SECTION 1. CAPITOL POWER PLANT CARBON DIOXIDE EMISSIONS DEMONSTRATION
PROGRAM.
Section 118 of the Clean Air Act (42 U.S.C. 7418) is amended by
adding at the end the following:
``(e) Capitol Power Plant Carbon Dioxide Emissions Demonstration
Program.--
``(1) Definitions.--In this subsection:
``(A) Capitol power plant.--The term `Capitol power
plant' means the power plant constructed in the
vicinity of the Capitol Complex, Washington, DC,
pursuant to the first section of the Act of April 28,
1904 (33 Stat. 479, chapter 1762), and designated under
the first section of the Act of March 4, 1911 (2 U.S.C.
2162).
``(B) Carbon dioxide energy efficiency.--The term
`carbon dioxide energy efficiency', with respect to a
project, means the quantity of electricity used to
power equipment for carbon dioxide capture and storage
or use.
``(C) Program.--The term `program' means the
competitive grant demonstration program established
under paragraph (2).
``(2) Establishment of program.--The Administrator shall
establish a competitive grant demonstration program under which
the Administrator shall provide to eligible entities, as
determined by the Administrator, grants to carry out projects
to demonstrate, during the 2-year period beginning on the date
of enactment of this subsection, the capture and storage or use
of carbon dioxide emitted from the Capitol power plant as a
result of burning coal.
``(3) Requirements.--
``(A) Provision of grants.--
``(i) In general.--The Administrator shall
provide the grants under the program on a
competitive basis.
``(ii) Factors for consideration.--In
providing grants under the program, the
Administrator shall take into consideration--
``(I) the practicability of
conversion by the proposed project of
carbon dioxide into useful products,
such as transportation fuel;
``(II) the carbon dioxide energy
efficiency of the proposed project; and
``(III) whether the proposed
project is able to reduce more than 1
air pollutant regulated under this Act.
``(B) Requirements for entities.--An entity that
receives a grant under the program shall--
``(i) use to carry out the project of the
entity a technology designed to reduce or
eliminate emission of carbon dioxide that is in
existence on the date of enactment of this
subsection that has been used--
``(I) by not less than 3 other
facilities (including a coal-fired
power plant); and
``(II) on a scale of not less than
5 times the size of the proposed
project of the entity at the Capitol
power plant; and
``(ii) carry out the project of the entity
in consultation and concurrence with the
Architect of the Capitol.
``(4) Incentive.--In addition to the grant under this
subsection, the Administrator may provide to an entity that
receives such a grant an incentive award in an amount equal to
not more than $50,000, of which--
``(A) $15,000 shall be provided after the project
of the entity has sustained operation for a period of
100 days, as determined by the Administrator;
``(B) $15,000 shall be provided after the project
of the entity has sustained operation for a period of
200 days, as determined by the Administrator; and
``(C) $20,000 shall be provided after the project
of the entity has sustained operation for a period of
300 days, as determined by the Administrator.
``(5) Termination.--The program shall terminate on the date
that is 2 years after the date of enactment of this subsection.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out the program $3,000,000.''. | Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (EPA) to establish a competitive grant demonstration program to carry out projects to demonstrate the capture and storage or use of carbon dioxide emitted from the Capitol power plant in Washington, D.C., as a result of burning coal.
Requires the Administrator, in providing grants, to take into consideration: (1) the practicability of conversion by the proposed project of carbon dioxide into useful products; (2) the carbon dioxide energy efficiency of the proposed project; and (3) whether the proposed project is able to reduce more than one regulated air pollutant.
Requires entities that receive grants to use technology designed to reduce or eliminate emission of carbon dioxide that has been used: (1) by not less than three other facilities (including a coal-fired power plant); and (2) on a scale of not less than five times the size of the proposed project of the entity at the Capitol power plant. Requires such entities to carry out a project in consultation and concurrence with the Architect of the Capitol.
Authorizes the Administrator to provide to an entity that receives such a grant an incentive award for sustained operation.
Terminates the program after two years after this Act's enactment.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to amend the Clean Air Act to reduce emissions of carbon dioxide from the Capitol power plant."} | 858 | 275 | 0.676311 | 1.95084 | 0.986686 | 3.939759 | 3.176707 | 0.895582 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Temporary Mortgage Assistance Loan
Act of 2009''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) as the economy worsens and unemployment rates continue
to rise, a growing number of long-time homeowners are finding
themselves in need of emergency short-term mortgage help in the
event of a job loss or other crisis;
(2) these homeowners may not need or want a permanent
modification of their home loans or they may not qualify for
government initiatives aimed principally at subprime borrowers
or homeowners with exotic mortgage products; and
(3) low-interest emergency mortgage loans can fill this gap
in options for responsible homeowners in need of help and stem
the rising tide of foreclosures that has depressed housing
values across the United States.
SEC. 3. TEMPORARY MORTGAGE ASSISTANCE LOANS.
(a) Authority.--The Secretary of Housing and Urban Development (in
this Act referred to as the ``Secretary'') shall, to the extent amounts
are made available in advance for loans under this section, make loans
under this section in the form of mortgage assistance payments to
mortgagees of all or part of the monthly payments due under the
qualified mortgages of qualified homeowners who are in default on their
mortgages.
(b) Qualified Homeowners.--For purposes of this section, the term
``qualified homeowner'' means the mortgagor under a qualified mortgage
or mortgages--
(1) who is 60 days or more delinquent with respect to any
payment due under the qualified mortgage or mortgages;
(2) who, or a member of whose household who before
unemployment contributed significantly to the household
income--
(A) is unemployed, which unemployment renders the
mortgagor temporarily unable to correct the delinquency
and resume full payments under the qualified mortgage
or mortgages;
(B) has a reasonable prospect, in the determination
of the Secretary based on payment history prior to such
unemployment, education, or participation in worker
retraining during the period of such unemployment, for
obtaining employment; and
(C) who has registered for and is receiving State
unemployment benefits;
(c) Qualified Mortgage and Mortgages.--
(1) Qualified mortgage.--For purposes of this section, the
term ``qualified mortgage'' means, with respect to a qualified
homeowner, a first mortgage that--
(A) is secured by an interest on a one- to four-
unit residence that is the principal residence of the
qualified homeowner that is not subject to more than
one other subordinate mortgage; and
(B) has an aggregate outstanding obligation that,
at the time of application for assistance under this
section, exceeds the appraised value of the residence
that is subject to the mortgages.
(2) Qualified mortgages.--The term ``qualified mortgages''
means, with respect to a qualified homeowner, a qualified
mortgage and another subordinate mortgage secured by an
interest in the same residence, which mortgages have an
aggregate outstanding obligation that, at the time of
application for assistance under this section, exceeds the
appraised value of the residence that is subject to the
mortgages.
(d) Loans.--A loan under this section for a qualified mortgage or
mortgages of a qualified homeowner shall--
(1) be in the form of monthly payments to the mortgagee or
servicer of the mortgage or mortgages on account of such
mortgage or mortgages--
(A) during a period that ends upon the earlier of--
(i) a determination by the Secretary,
pursuant to regular periodic reviews of the
financial circumstances of the household of the
mortgagor, that because of changes in such
financial circumstances payments are no longer
necessary; or
(ii) the making of the 18th such monthly
payment on behalf of the qualified homeowner;
(B) in an amount--
(i) on a monthly basis, that does not
exceed the amount, as determined by the
Secretary, that bears the same proportion to
the monthly amount due under the mortgage or
mortgages, including principal, interest,
taxes, assessments, ground rents, hazard and
mortgage insurance, and such other fees as the
Secretary may approve, as the amount of monthly
income lost due to the unemployment referred to
in subsection (b)(2) in the mortgagor's
household bears to the amount of the aggregate
household income of the mortgagor before such
unemployment; and
(ii) in the aggregate, that does not exceed
$30,000;
(2) be secured by a lien on the principal residence that is
subject to the qualified mortgage or mortgages and subordinate
in priority to such mortgage or mortgages; and
(3) be repayable upon such terms and conditions as the
Secretary shall establish, which shall provide that--
(A) the loan shall bear interest at a rate
determined by the Secretary, which shall not exceed 3
percent annually;
(B) such interest shall accrue from the time each
monthly payment under the loan is disbursed;
(C) repayment of the loan principal and interest
shall not be required until the expiration of the 60-
day period that begins upon the earlier of--
(i) the time that the mortgagor or member
of the mortgagor's household who is unemployed,
as referred to in subsection (b)(2), obtains
employment; or
(ii) the Secretary ceases making monthly
payments under the loan on behalf of the
qualified mortgagor.
(e) Funding.--Of the funds made available to the Secretary of the
Treasury under title I of the Emergency Economic Stabilization Act of
2008 (12 U.S.C. 5211) that remain unobligated, the Secretary of the
Treasury shall make available to the Secretary of Housing and Urban
Development such sums as may be necessary for costs (as such term is
defined in section 502 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a)) of loans under this section.
(f) Regulations.--Not later than the expiration of the 90-day
period beginning on the date of the enactment of this Act, the
Secretary shall issue any regulations necessary to carry out this Act. | Temporary Mortgage Assistance Loan Act of 2009 - Authorizes the Secretary of Housing and Urban Development (HUD) to make available, in the form of monthly payments, temporary mortgage assistance loans to mortgagees or mortgage servicers of qualified homeowners who are in default on their mortgages.
Prescribes conditions, time periods and repayment terms.
Directs the Secretary of the Treasury to make certain funds that remain unobligated under the Emergency Economic Stabilization Act of 2008 (EESA) available to the Secretary to implement this Act. | {"src": "billsum_train", "title": "To authorize the Secretary of Housing and Urban Development to make temporary mortgage assistance loans to save the homes of unemployed homeowners who are delinquent on their mortgage payments."} | 1,347 | 112 | 0.532744 | 1.384603 | 0.756827 | 3.223404 | 13.170213 | 0.904255 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NAFTA Trucking Safety Act of 2007''.
SEC. 2. OPERATIONS OF MEXICO-DOMICILED MOTOR CARRIERS IN THE UNITED
STATES.
(a) Terms and Conditions.--No Mexico-domiciled motor carrier shall
be granted authority to operate beyond United States municipalities and
commercial zones on the United States-Mexico border until the Secretary
of Transportation and the Secretary of Homeland Security submit to
Congress a joint certification that each of the following conditions
has been met:
(1) The Secretary of Transportation has published in the
Federal Register--
(A) a list of all Federal Motor Carrier Safety
Regulations;
(B) an identification for each of the regulations
whether the Secretary will--
(i) require a Mexico-domiciled motor
carrier, commercial motor vehicle, or driver to
comply with the regulation; or
(ii) be accepting compliance by the
carrier, commercial motor vehicle, or driver
with a Mexican statute, rule, or regulation
(including commercial driver's license
requirements) as the equivalent to compliance
with the regulation; and
(C) for each regulation for which compliance with a
Mexican statute, rule, or regulation will be accepted
as described in subparagraph (B)(ii), a citation to and
the English translation of the Mexican statute, rule,
or regulation.
(2) The Secretary of Transportation has published in the
Federal Register--
(A) a list of all of the enforcement tools,
databases, processes, and conditions required of, and
made available by law to, Federal and State motor
carrier safety enforcement personnel; and
(B) the results of an analysis conducted by the
Secretary as to whether such tools are available to
provide at least the same level of enforcement
capability toward Mexico-domiciled motor carriers and
their drivers as is currently applied to United States-
domiciled motor carriers and their drivers.
(3) The Secretary of Transportation and the Secretary of
Homeland Security have implemented a plan to effectively and
regularly monitor and enforce United States immigration and
customs regulations that pertain to international traffic under
the North American Free Trade Agreement in all areas of the
United States that Mexico-domiciled motor carriers will be
permitted to operate.
(4) The Secretary of Transportation and the Secretary of
Homeland Security have adopted penalties for anyone who
arranges, facilitates, or directs a Mexico-domiciled motor
carrier's pick-up and delivery of a load within the United
States in violation of United States immigration and customs
laws or section 365.501(b) of title 49, Code of Federal
Regulations.
(5) The Secretary of Homeland Security and Secretary of
Transportation have published jointly in the Federal Register--
(A) a certification that the driver, criminal, and
security databases used in Mexico to verify a person's
identification, driving record, criminal history, and
risk to homeland security are fully equivalent to those
used in the United States for the same purposes;
(B) documentation verifying the equivalency of the
Mexican databases described in subparagraph (A); and
(C) a certification that all Federal and State
motor carrier enforcement personnel who will come in
contact with Mexico-domiciled motor carrier drivers
within the United States have the same access to the
Mexican databases described in subparagraph (A) for
performing checks on such drivers as they do to
databases used in the United States for performing
checks on United States-domiciled motor carrier
drivers.
(6) The Inspector General of the Department of
Transportation has submitted to Congress a report that
independently verifies compliance with each condition listed in
section 350 of the Department of Transportation and Related
Agencies Appropriations Act, 2002 (Public Law 107-87; 115 Stat.
864).
(7) The Secretary of Transportation has submitted to
Congress a plan to enforce the English language proficiency
requirement of section 391.11(b)(2) of title 49, Code of
Federal Regulations, including an identification of the
enforcement actions that Federal and State law enforcement
personnel will take upon a finding of noncompliance with such
requirement.
(b) Statutory Construction.--The requirements of this section shall
be in addition to any other limitation or requirement contained in
Federal law that applies to the authority of a Mexico-domiciled motor
carrier to operate beyond United States municipalities and commercial
zones on the United States-Mexico border. | NAFTA Trucking Safety Act of 2007 - Prohibits a Mexico-domiciled motor carrier from being granted authority to operate beyond U.S. municipalities and commercial zones on the U.S.-Mexico border until one or more of the following officials as specified (the Secretaries of Transportation and of Homeland Security and the Department of Transportation Inspector General) certify to Congress that they have met conditions pertaining to: (1) the identification of federal motor carrier safety regulations and acceptance of compliance with Mexican safety regulations; (2) safety enforcement tools; (3) effective and regular monitoring and enforcement of immigration and customs regulations regarding international traffic under the North American Free Trade Agreement; (4) penalties for violation of immigration and customs laws or regulations concerning transportation by Mexico-domiciled carriers; (5) driver records databases used in Mexico; (6) compliance with conditions listed in the Department of Transportation and Related Agencies Appropriations Act, 2002 concerning cross-border trucking safety; and (7) English language proficiency requirements applicable to drivers. | {"src": "billsum_train", "title": "To prohibit Mexico-domiciled motor carriers from operating beyond United States municipalities and commercial zones on the United States-Mexico border until certain conditions are met to ensure the safety of such operations."} | 923 | 212 | 0.670124 | 1.863918 | 0.820169 | 2.62963 | 4.730159 | 0.883598 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake Bay Restoration
Enhancement Act of 2007''.
SEC. 2. DEFINITIONS.
Section 117(a) of the Federal Water Pollution Control Act (33
U.S.C. 1267(a)) is amended--
(1) in paragraph (3) by striking ``and its''; and
(2) by adding at the end the following:
``(7) Chesapeake bay watershed.--The term `Chesapeake Bay
watershed' means the Chesapeake Bay and the area consisting of
36 tributary basins, within the States of Maryland, Virginia,
West Virginia, Pennsylvania, Delaware, and New York and the
District of Columbia, through which precipitation drains into
the Chesapeake Bay.
``(8) Local government advisory committee.--The term `Local
Government Advisory Committee' means the committee of the same
name formed through the 1987 Chesapeake Bay Agreement. The
committee may include representative members from all
jurisdictions within the Chesapeake Bay watershed.
``(9) Tributary strategy.--The term `tributary strategy'
means one of 36 strategies in the Chesapeake Bay watershed that
is a State approved, river-specific, cleanup plan that provides
best management practice implementation actions that, when
taken together, will meet the Chesapeake Bay Agreement goal of
removing nutrient and sediment impairments from the Chesapeake
Bay and its tidal tributaries.
``(10) Tributary basin.--The term `tributary basin' means
an area of land or body of water that drains into any one of 36
Chesapeake Bay tributaries or tributary segments and that is
managed through tributary strategies under this Act.''.
SEC. 3. IMPLEMENTATION AND MONITORING GRANTS.
(a) In General.--Section 117(e)(1) of the Federal Water Pollution
Control Act (33 U.S.C. 1267(e)(1)) is amended by striking ``approved
and committed to implement all or substantially all aspects'' and
inserting ``signed all or the water quality portion''.
(b) Reporting.--Section 117(e)(7) of such Act (33 U.S.C.
1267(e)(7)) is amended to read as follows:
``(7) Reporting.--The Administrator shall make available to
the public on or before March 31 of each year, a document that
lists and describes, in the greatest practicable degree of
detail all projects completed or underway, and accomplishments
of the previous fiscal year, funded by the Federal Government
or by a State government in the Chesapeake Bay watershed that
contribute to Chesapeake Bay Agreement goals.''.
SEC. 4. FEDERAL FACILITIES AND BUDGET COORDINATION.
Section 117(f) of the Federal Water Pollution Control Act (33
U.S.C. 1267(f)) is amended--
(1) in paragraph (1) by inserting ``or carries out
activities'' after ``Administrator)'';
(2) in paragraph (2)--
(A) by inserting ``or carries out activities''
after ``real property''; and
(B) by striking ``and actions taken by the agency
with respect to the property,'' and inserting ``actions
taken by the agency with respect to the property, and
the activities of the agency''; and
(3) by striking paragraph (3) and inserting the following:
``(3) Annual budget plan.--The President, as part of the
annual budget of the United States Government, shall submit
information regarding each Federal agency involved in
Chesapeake Bay restoration, including--
``(A) an interagency crosscut budget that displays
the proposed budget for use by each Federal agency in
carrying out restoration activities relating to the
Chesapeake Bay for the following fiscal year;
``(B) a detailed accounting of all funds received
and obligated by Federal agencies to achieve the goals
of the Chesapeake Bay Agreement during the preceding
fiscal year; and
``(C) a description of the Federal role in the
Chesapeake Bay Program and the specific role of each
agency involved in Chesapeake Bay restoration.''.
SEC. 5. ACHIEVING AND MAINTAINING NUTRIENT AND SEDIMENT REDUCTION
GOALS.
Section 117 of the Federal Water Pollution Control Act (33 U.S.C.
1267) is amended--
(1) by striking subsection (i);
(2) by redesignating subsections (g), (h), and (j) as
subsections (i), (j), and (k), respectively; and
(3) by inserting after subsection (f) the following:
``(g) Achieving and Maintaining Nutrient and Sediment Reduction
Goals.--
``(1) Evaluation.--In transmitting State reports under
section 305(b)(2), the Administrator shall include a report
evaluating activities carried out during the preceding fiscal
year (including any practice implemented during the fiscal
year), and the overall progress made, in achieving and
maintaining nutrient and sediment reduction goals for each
tributary basin based on monitoring and modeling data.
``(2) Baseline.--The baseline for the report (in this
subsection referred to as the `baseline') shall be the
tributary load allocation agreement numbered EPA 903-R-03-007,
dated December 2003 and entitled `Setting and Allocating the
Chesapeake Bay Basin Nutrient and Sediment Loads: The
Collaborative Process, Technical Tools and Innovative
Approaches'.
``(3) Inclusions.--The report shall include, for each
tributary basin--
``(A) an identification of the total allocation of
nutrients and sediment under the baseline;
``(B) an identification of any reduction or
increase in the monitored and modeled quantities of
nutrients and sediment during the preceding fiscal
year, expressed numerically and as a percentage of the
reduction or increase;
``(C) a list (organized from least to most progress
made) that ranks the comparative progress made, based
on the percentage of the reduction or increase under
subparagraph (B), in each tributary basin toward
meeting the annual allocation goal of that tributary
basin for nutrients and sediment; and
``(D) to the maximum extent practicable, an
identification of the principal sources of pollutants
in the tributary basins, including airborne sources of
pollutants.
``(4) Use of data; effects of drought and wet weather
conditions.--In preparing the evaluation, the Administrator
shall--
``(A) use monitoring and modeled data and
information submitted under subsection (h)(1); and
``(B) describe the effects of drought and wet
weather conditions on the condition of water quality
parameters.
``(5) Distribution.--The Administrator shall--
``(A) submit the report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate; and
``(B) make the report available to the public,
including distribution in an electronic format.''.
SEC. 6. ACTIONS BY STATES.
Section 117 of the Federal Water Pollution Control Act (33 U.S.C.
1267) (as amended by section 5 of this Act) is further amended by
inserting after subsection (g) the following:
``(h) Actions by States.--
``(1) Submission of information.--Not later than January 31
of each year, each of the States of Delaware, Maryland, New
York, Pennsylvania, Virginia, and West Virginia and the
District of Columbia shall submit to the Administrator
information describing, for each tributary basin located in the
State or District of Columbia, for the preceding fiscal year--
``(A) the levels of nutrients and sediment
contamination in the basin;
``(B) the principal sources of nutrients and
sediment in the basin, by category;
``(C) for each category of pollutant source, the
technologies and practices used to achieve reductions,
including levels of best management practices
implementation and sewage treatment plant upgrades;
``(D) any Federal or State funding used to
implement a technology or practice described in
subparagraph (C); and
``(E) all projects completed or underway, and
accomplishments of the previous fiscal year, funded by
the Federal Government, the State, or the District of
Columbia in the Chesapeake Bay watershed that
contribute to Chesapeake Bay Agreement goals.
``(2) Failure to act.--The Administrator may not make a
grant to a State under this section if the State fails to
submit information in accordance with paragraph (1).''.
SEC. 7. CHESAPEAKE BAY PROGRAM.
(a) In General.--Section 117(i) of the Federal Water Pollution
Control Act (as redesignated by section 5(2) of this Act) is amended--
(1) in paragraph (1)--
(A) by inserting ``tributary strategies and'' after
``ensure that'';
(B) by striking ``and implementation is begun'' and
inserting ``, approved, and implemented''; and
(C) by inserting ``all or the water quality portion
of'' after ``signatories to'';
(2) in paragraph (1)(A) by striking ``and its''; and
(3) by striking paragraph (2) and inserting the following:
``(2) Local government involvement.--
``(A) Measurable goals.--The Administrator shall
request the Local Government Advisory Committee to
prepare, in coordination with the Chesapeake Executive
Council, and submit to the Administrator, within one
year of the date of enactment of the Chesapeake Bay
Restoration Enhancement Act of 2007, a report
describing measurable goals for local governments to
achieve by 2010 toward Chesapeake Bay Agreement
nutrient and sediment reduction goals and associated
funding needs.
``(B) Consideration of priorities.--In preparing
information for the annual budget under subsection (f),
the President, in consultation with the States, shall
consider priorities for funding needs recommended by
the Local Government Advisory Committee.
``(3) Implementation assistance program.--
``(A) Establishment.--The Administrator, in
cooperation with the Chesapeake Executive Council,
shall establish an implementation assistance program to
support tributary strategies and other projects toward
achievement of Chesapeake Bay Agreement goals.
``(B) Small watershed grants.--
``(i) In general.--In carrying out the
program, the Administrator shall provide
technical assistance and assistance grants
under subsection (d) to local governments and
nonprofit organizations, including academic
institutions, to implement tributary strategies
and other cooperative, locally based protection
and restoration programs or projects within a
tributary basin that complement the tributary
strategy for such basin, including--
``(I) measures to improve water
quality for the purpose of making
progress toward Chesapeake Bay
Agreement goals; and
``(II) measures for the creation,
restoration, protection, or enhancement
of habitat associated with the
Chesapeake Bay ecosystem.
``(ii) Priority.--In selecting projects to
receive grants under clause (i), the
Administrator shall give priority to projects
led by or partnered with local governments.
``(C) Capacity building program.--In carrying out
the program, the Administrator, in cooperation with the
Administrator of the National Oceanic and Atmospheric
Administration, shall provide capacity building
assistance, including technical and financial
assistance, to enhance the technical and environmental
planning capabilities of local governments to carry out
protection and restoration programs or projects within
a tributary basin.
``(D) Targeted watershed grants.--In carrying out
the program, the Administrator shall provide technical
assistance and assistance grants to implement tributary
strategies that accelerate the quantifiable reduction
of nonpoint source nutrient and sediment pollution
through innovative, sustainable, and cost-effective
strategies.
``(4) Permit limitations.--Until such time that an
applicable total maximum daily load is established under
section 303(d), the applicable load allocation in the tributary
strategy for any discharge for which a permit is required by
section 301 and issued under section 402 in the Chesapeake Bay
watershed shall be incorporated into the permit for the
discharge so that the applicable load allocation for the
discharge is attained and maintained.''.
(b) Conforming Amendments.--Section 117 of such Act (33 U.S.C.
1267) is amended--
(1) in subsection (d)(2)(B)--
(A) by striking ``Small watershed grants program''
and inserting ``Implementation assistance program'';
(B) by striking ``implementing''; and
(C) by striking ``(g)(2)'' and inserting
``(i)(3)''; and
(2) in subsection (e)(2)(B)(i) by striking ``and its''.
SEC. 8. STUDY OF CHESAPEAKE BAY PROGRAM.
Section 117(j) of the Federal Water Pollution Control Act (as
redesignated by section 5(2) of this Act) is amended--
(1) in paragraph (2)(B) by striking ``and 1995'' and
inserting ``1995, and 2005''; and
(2) in paragraph (2)(C)--
(A) by inserting ``tributary strategies and''
before ``management strategies''; and
(B) by striking ``on the date of enactment of this
section''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 117(k) of the Federal Water Pollution Control Act (as
redesignated by section 5(2) of this Act) is amended to read as
follows:
``(k) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$30,000,000 for each of fiscal years 2008 through 2012 to carry
out this section (other than subsection (i)(3)).
``(2) Implementation assistance program.--
``(A) Small watershed grants; capacity building
program.--There is authorized to be appropriated
$10,000,000 for each of fiscal years 2008 through 2012
to carry out subsections (i)(3)(B) and (i)(3)(C). Of
such funds--
``(i) 30 percent per fiscal year shall be
used to carry out subsection (i)(3)(B); and
``(ii) 70 percent per fiscal year shall be
used to carry out subsection (i)(3)(C).
``(B) Targeted watershed grants.--There is
authorized to be appropriated $10,000,000 for each of
fiscal years 2008 through 2012 to carry out subsection
(i)(3)(D).
``(3) Period of availability.--Funds appropriated to carry
out this section shall remain available until expended.''. | Chesapeake Bay Restoration Enhancement Act of 2007 - Amends the Federal Water Pollution Control Act to revise requirements for implementation and monitoring grants under the Chesapeake Bay Agreement and for reporting on federally-funded projects under such Agreement.
Requires federal agencies that carry out activities within the watershed to: (1) participate in planning and restoration programs; and (2) ensure that such activities comply with the Chesapeake Bay Agreement and the Federal Agencies Chesapeake Ecosystem Unified Plan.
Requires the President to submit as part of the annual federal budget information regarding each federal agency involved in Chesapeake Bay restoration.
Requires the Administrator of the Environmental Protection Agency (EPA) to report on progress in achieving and maintaining nutrient and sediment reduction goals for each tributary basin. Sets forth the baseline for the report and reporting requirements.
Requires the states of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the District of Columbia to submit to the Administrator information relating to nutrient and sediment reduction for each Chesapeake Bay tributary basin. Prohibits the Administrator from making a grant to any state which fails to provide required information.
Requires the Administrator to request the Local Government Advisory Committee to report to EPA on measurable goals for local governments for nutrient and sediment reduction.
Requires the Administrator: (1) to establish an implementation assistance program to support tributary strategies and other projects toward achievement of Chesapeake Bay Agreement goals; (2) to assist local governments and nonprofit organizations to implement tributary strategies and other complementary cooperative, locally based protection and restoration programs or projects under the technical assistance and assistance grants program; (3) in cooperation with the Administrator of the National Oceanic and Atmospheric Administration, to provide capacity building assistance to enhance local governments' capabilities to carry out protection and restoration programs or projects within a tributary basin; and (4) to provide grants to implement tributary strategies that accelerate the reduction of nonpoint source nutrient and sediment pollution.
Requires specified load allocations to be incorporated into discharge permits until applicable total maximum daily loads are established.
Updates reporting deadlines for the study of the Chesapeake Bay Program.
Authorizes appropriations through FY2012. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to improve and reauthorize the Chesapeake Bay program."} | 3,373 | 505 | 0.6201 | 1.772897 | 0.767812 | 3.366995 | 7.152709 | 0.923645 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crackdown on Deadbeat Gun Dealers
Act of 2013''.
SEC. 2. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF
FIREARMS DEALERS.
Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is
amended by striking ``once'' and inserting ``3 times''.
SEC. 3. INCREASING PENALTIES ON FIREARMS LICENSEES.
Section 924(a)(3) of title 18, United States Code is amended by
striking ``one year'' and inserting ``5 years''.
SEC. 4. SERIOUS RECORDKEEPING OFFENSES THAT AID GUN TRAFFICKING.
Section 924(a)(3) of title 18, United States Code, is amended by
striking the period and inserting ``; but if the violation is in
relation to an offense under subsection (a)(6) or (d) of section 922,
shall be fined under this title, imprisoned not more than 10 years, or
both.''.
SEC. 5. SUSPENSION OF FIREARMS DEALER'S LICENSE AND CIVIL PENALTIES FOR
VIOLATIONS OF THE GUN CONTROL ACT.
Subsections (e) and (f) of section 923 of title 18, United States
Code, are amended to read as follows:
``(e) The Attorney General may, after notice and opportunity for
hearing, suspend or revoke any license issued under this section, or
may subject the licensee to a civil penalty of not more than $10,000
per violation, if the holder of the license has willfully violated any
provision of this chapter or any rule or regulation prescribed by the
Attorney General under this chapter or fails to have secure gun storage
or safety devices available at any place in which firearms are sold
under the license to persons who are not licensees (except that in any
case in which a secure gun storage or safety device is temporarily
unavailable because of theft, casualty loss, consumer sales, backorders
from a manufacturer, or any other similar reason beyond the control of
the licensee, the dealer shall not be considered to be in violation of
the requirement to make available such a device). The Attorney General
may, after notice and opportunity for hearing, suspend or revoke the
license of, or assess a civil penalty of not more than $10,000 on, a
dealer who willfully transfers armor piercing ammunition. The Attorney
General may at any time compromise, mitigate, or remit the liability
with respect to any willful violation of this chapter or any rule or
regulation prescribed by the Attorney General under this chapter. The
Attorney General's actions under this subsection may be reviewed only
as provided in subsection (f).
``(f)(1) Any person whose application for a license is denied and
any holder of a license which is suspended or revoked or who is
assessed a civil penalty shall receive a written notice from the
Attorney General stating specifically the grounds upon which the
application was denied or upon which the license was suspended or
revoked or the civil penalty assessed. Any notice of a suspension or
revocation of a license shall be given to the holder of the license
before the effective date of the suspension or revocation.
``(2) If the Attorney General denies an application for a license,
or suspends or revokes a license, or assesses a civil penalty, the
Attorney General shall, upon request by the aggrieved party, promptly
hold a hearing to review the denial, suspension, revocation, or
assessment. In the case of a suspension or revocation of a license, the
Attorney General shall, on the request of the holder of the license,
stay the effective date of the suspension or revocation. A hearing
under this paragraph shall be held at a location convenient to the
aggrieved party.
``(3) If after a hearing held under paragraph (2) the Attorney
General decides not to reverse the decision to deny an application or
suspend or revoke a license or assess a civil penalty, the Attorney
General shall give notice of the decision to the aggrieved party. The
aggrieved party may at any time within 60 days after the date notice is
given under this paragraph file a petition with the United States
district court for the district in which party resides or in which the
party's principal place of business is located for a de novo judicial
review of the denial, suspension, revocation, or assessment. In a
proceeding conducted under this subsection, the court may consider any
evidence submitted by the parties to the proceeding whether or not such
evidence was considered at the hearing held under paragraph (2). If the
court decides that the Attorney General was not authorized to deny the
application or to suspend or revoke the license or to assess the civil
penalty, the court shall order the Attorney General to take such action
as may be necessary to comply with the judgment of the court.''.
SEC. 6. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY
CONVICTION.
Section 925(b) of title 18, United States Code, is amended by
striking ``until any conviction pursuant to the indictment becomes
final'' and inserting ``until the date of any conviction pursuant to
the indictment''.
SEC. 7. AUTHORITY TO HIRE ADDITIONAL PERSONNEL.
The Director of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives may hire at least 50 additional personnel for the purpose of
carrying out additional inspections as provided for in the amendments
made by this Act.
SEC. 8. REPORT TO THE CONGRESS.
The Director of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives shall submit biennial reports to the Congress on the
implementation of this Act, which shall include a statement by the
Director as to what additional resources, if any, are necessary in
order to implement this Act, and any recommendations of the Director
for how better to ensure that firearms dealers are complying with all
laws and regulations that apply with respect to dealing in firearms,
and that noncompliant firearms dealers are subject to appropriate
action in a timely manner. | Crackdown on Deadbeat Gun Dealers Act of 2013 - Amends the federal criminal code to authorize the Attorney General to inspect or examine the inventory and records of a licensed importer, manufacturer, or dealer of firearms to ensure compliance with recordkeeping requirements not more than three times a year (currently, not more than once a year) without reasonable cause and a warrant. Authorizes the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to hire at least 50 additional personnel to carry out the additional inspections. Increases to five years the term of imprisonment for knowingly making a false statement or representation in required firearms records. Authorizes up to 10 years' imprisonment for: (1) providing false statements or identification related to the sale or other disposition of a firearm or ammunition, or (2) selling or otherwise disposing of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is prohibited from possessing a firearm. Authorizes the Attorney General to suspend a firearms license or subject a licensee to a civil penalty of not more than $10,000 for willfully violating firearms requirements or failing to have secure storage or safety devices available at any place firearms are sold to non-licensees (current law authorizes only license revocation). Permits a licensed firearms importer, manufacturer, dealer, or collector who is indicted for a crime punishable by imprisonment for a term exceeding one year to continue to operate under the license until the date of any conviction pursuant to the indictment (currently, until any conviction pursuant to the indictment becomes final). | {"src": "billsum_train", "title": "Crackdown on Deadbeat Gun Dealers Act of 2013"} | 1,417 | 360 | 0.5914 | 1.773579 | 0.666219 | 2.615385 | 4.073579 | 0.742475 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shipping Relief for Agriculture Act
of 1998''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Efficient, competitive, broadly available waterborne
cargo transportation service is imperative to American
agriculture and an essential component of a national intermodal
transportation system, and such services should be promoted by
the United States.
(2) The cost of building ships in the United States is so
uncompetitive with international shipbuilders that it is
effectively prohibiting the growth and modernization of the
Jones Act fleet.
(3) The decline of ships of over 1,000 tons in the Jones
Act fleet, and the resulting decrease in the number of seamen,
represents a dimunition in emergency sealift capacity in times
of national emergency.
(4) In the last several decades, the size of the active
United States domestic deepwater fleet has shrunk
substantially, to a total today of only 118 self-propelled
oceangoing vessels of over 1,000 tons and 59 vessels in the
Great Lakes. No Jones Act bulk carriers operate on either coast
of the United States.
(5) The result has been shipping shortages, higher prices,
and significant commercial transportation inefficiencies, all
of which can be alleviated, without any cost to the taxpayer,
by increasing competition in domestic deepwater shipping.
(6) Such inefficiencies undermine the competitive position
of a broad range of American businesses, particularly in
potential domestic markets, versus their foreign competition.
These shipping shortages and higher-than-market prices have led
to the loss of American jobs to overseas competitors able to
purchase transportation services on the international market.
(7) Lack of access to adequate deepwater commercial
waterborne transportation alternatives suppresses economic
activity in an amount of between $4,200,000,000 and
$10,000,000,000 annually and causes the loss of associated tax
revenue, according to a study by the United States
International Trade Commission.
(8) Similarly, allowing domestic transportation service
providers to purchase their vessels on the international market
without penalty will lower their operating expenses, creating
savings which they can pass on to their customers in the form
of lower prices and improved efficiency.
(9) Expansion of the Jones Act fleet will create more jobs
for United States seamen and longshore workers.
SEC. 3. LIMITATION ON APPLICATION OF COASTWISE TRADE RESTRICTION ON
TRANSPORTATION OF CERTAIN AGRICULTURAL, BULK, OR FOREST
PRODUCT CARGO BY FREIGHT VESSELS.
(a) Amendment to the Merchant Marine Act, 1920.--Section 27 of the
Merchant Marine Act, 1920 (46 U.S.C. App. 883), is amended by inserting
``(a)'' after ``Sec. 27.'', and by adding at the end the following:
``(b)(1) Any requirement under this section that a vessel must be
constructed in the United States shall not apply with respect to
deepwater transportation of qualified cargo by a freight vessel, if the
vessel--
``(A) is documented under the laws of the United States;
``(B) is owned by persons who are citizens of the United
States; and
``(C) otherwise complies with this section with respect to
that transportation.
``(2) In this subsection--
``(A) the term `deepwater transportation' means any
combination of--
``(i) transportation outside the Boundary Line;
``(ii) transportation on the Great Lakes; and
``(iii) such transportation inside the Boundary
Line as is necessary to enter or depart from a port in
the United States;
``(B) the term `qualified cargo' means noncontainerized,
nonliquid merchandise that is agricultural cargo, bulk cargo,
or forest products;
``(C) the term `agricultural cargo' includes grains,
livestock, fertilizer, seed, and other bulk agricultural
inputs;
``(D) each of the terms `bulk cargo' and `forest products'
has the meaning that term has under section 3 of the Shipping
Act of 1984 (46 U.S.C. App. 1702)); and
``(E) each of the terms `Boundary Line' and `freight
vessel' has the meaning that term has under section 2101 of
title 46, United States Code.''.
(b) Amendment to Title 46, United States Code.--Section 12106 of
title 46, United States Code, is amended by adding at the end the
following:
``(f)(1) Notwithstanding subsection (a)(2), a certificate of
documentation for a freight vessel that was not built in the United
States may be endorsed with a coastwise endorsement under this
subsection if the vessel--
``(A) is eligible for documentation; and
``(B) otherwise qualifies under the laws of the United
States to be employed in coastwise trade authorized by the
endorsement.
``(2) Coastwise trade authorized by a coastwise endorsement under
this subsection shall consist solely of deepwater transportation of
qualified cargo (as those terms are defined in section 27(b)(2)).''. | Shipping Relief for Agriculture Act of 1998 - Amends Merchant Marine Act, 1920 provisions concerning transportation of merchandise between points in the United States in other than domestic or rebuilt and documented vessels to remove the restriction that a vessel must be constructed in the United States in order to engage in deepwater transportation of agricultural cargo, bulk cargo, and forest products, if the vessel: (1) is documented under U.S. laws; (2) is owned by U.S. citizens; and (3) otherwise meets the requirements of such provisions.
Amends other Federal law concerning the endorsement of a certificate of documentation with a coastwise endorsement to permit a freight vessel that was not built in the United States to be endorsed with a coastwise endorsement if the vessel is eligible for documentation and is otherwise qualified, but only with respect to the deepwater transportation of the types of cargo listed above. | {"src": "billsum_train", "title": "Shipping Relief for Agriculture Act of 1998"} | 1,125 | 182 | 0.463375 | 1.434223 | 0.704334 | 2.849398 | 6.259036 | 0.861446 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Physician Self-Referral Act
of 2014''.
SEC. 2. ADJUSTMENTS TO RESTRICTION ON SELF-REFERRAL UNDER MEDICAID.
(a) Repeal of Restriction on Receipt of Federal Funds in the Case
of Self-Referral.--Subsection (s) of section 1903 of the Social
Security Act (42 U.S.C. 1396b(s)) is repealed.
(b) Requirement of Restriction on Self-Referral in State Plan
Requirements.--Section 1902 of such Act (42 U.S.C. 1396a) is amended--
(1) in subsection (a)--
(A) in paragraph (80) by striking ``and'' at the
end;
(B) in paragraph (81) by striking the period at the
end and inserting ``; and'';
(C) by inserting after paragraph (81) the
following:
``(82) provide that no payment may be made under the State
plan for a Medicaid designated health service furnished to an
individual on the basis of a referral by a physician if the
physician (or an immediate family member of the physician) has
an ownership or investment interest or a compensation
arrangement (as defined in section 1877) with the entity
furnishing the Medicaid designated health service that would
not comply with section 1877 if the referral were for an item
or service otherwise payable under title XVIII.''; and
(D) by inserting after the matter immediately
following paragraph (82) the following:
``For purposes of paragraph (82), subsections (f) and (g) of section
1877 shall apply to a provider of a Medicaid designated health service
in a similar manner as such subsections apply to a provider of an item
or service for which payment may be made under title XVIII.''; and
(2) by adding at the end the following new subsection:
``(ll) Definition of Medicaid Designated Health Service.--For
purposes of subsection (a) the term `Medicaid designated health
service' means an item or service listed in subsection (h)(6) of
section 1877 as covered by a State plan and any other service a State
may choose to add for purposes of subsection (a)(82).''.
(c) Application of False Claims Act to Violations of Self-
Referral.--Section 1877(g) of such Act (42 U.S.C. 1395nn(g)) is amended
by adding at the end the following:
``(7) False claims act.--A claim that includes an item or
service resulting from a violation of this section constitutes
a false or fraudulent claim for purposes of sections 3729-3733
of title 31, United States Code.''.
(d) Exceptions for Violations of Self-Referral Limited to
Medicaid.--Section 1877(h) of such Act (42 U.S.C. 1395nn(h)) is amended
by adding at the end the following:
``(8) Medicaid self-referral limitations.--Any authority of
the Secretary to issue regulations under this section shall
include the authority to issue regulations limited to the
application of self-referral limitations to State plan
requirements, as described under section 1902(a)(82) of this
Act (42 U.S.C. 1396a(a)(82)).''.
(e) Medicaid Self-Referral Disclosure Protocol.--The Secretary of
Health and Human Services shall establish a protocol consistent with
the requirements of the Medicare self-referral disclosure protocol
required under section 6409 of the Patient Protection and Affordable
Care Act (42 U.S.C. 1395nn note) that enables health care providers to
disclose an actual or potential violation of section 1877 of the Social
Security Act (42 U.S.C. 1395nn) as applied to title XIX of such Act,
pursuant to section 1902(a)(82) of such Act (42 U.S.C. 1396a(a)(82)).
SEC. 3. EFFECTIVE DATE.
(1) In general.--Subject to paragraph (2), the amendments
made by this Act shall apply to items and services furnished
after the first day of the first calendar year that begins
after date of enactment of this Act.
(2) Exception for state legislation.--In the case of a
State plan under title XIX of the Social Security Act that the
Secretary of Health and Human Services determines requires
State legislation in order for the respective plan to meet any
requirement imposed by amendments made by this Act, the
respective plan shall not be regarded as failing to comply with
the requirements of such title solely on the basis of its
failure to meet such an additional requirement before the first
day of the first calendar quarter beginning after the close of
the first regular session of the State legislature that begins
after the date of enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session shall be
considered to be a separate regular session of the State
legislature. | Medicaid Physician Self-Referral Act of 2014 - Amends title XIX (Medicaid) of the Social Security Act (SSA) with respect to physician self-referral limitations to repeal the prohibition against payment of federal funds to a state for medical assistance expenditures for a designated health service furnished to an individual on the basis of a referral (self-referral) that would result in denial of payment under SSA title XVIII (Medicare). Requires a state plan for medical assistance to prohibit payment for a Medicaid designated health service furnished to an individual on the basis of a physician's referral if the physician (or an immediate family member) has an ownership or investment interest or a compensation arrangement with the entity furnishing the service that would not comply with Medicare requirements. Requires application of certain reporting requirements and sanctions to a provider of a Medicaid designated health service the same way they apply under Medicare. Amends SSA title XVIII to: (1) apply the False Claims Act to violations of the self-referral prohibition, and (2) declare the authority of the Secretary of Health and Human Services (HHS) to issue regulations under Medicaid limited to the application of self-referral limitations to state plan requirements. Directs the Secretary to establish a protocol consistent with the Medicare self-referral disclosure protocol required under the Patient Protection and Affordable Care Act that enables health care providers to disclose an actual or potential violation of Medicare self-referral limitations as applied to Medicaid. | {"src": "billsum_train", "title": "Medicaid Physician Self-Referral Act of 2014"} | 1,173 | 332 | 0.660639 | 1.82998 | 0.861895 | 3.841727 | 3.496403 | 0.899281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Free Sports Act''.
SEC. 2. DEFINITIONS.
As used in this Act--
(1) the term ``Secretary'' refers to the Secretary of
Commerce; and
(2) the term ``professional sports associations'' means
Major League Baseball, the National Basketball Association, the
National Football League, the National Hockey League, Major
League Soccer, the Arena Football League, and any other league
or association that organizes professional athletic
competitions as the Secretary may determine.
SEC. 3. RULES REQUIRING MANDATORY TESTING FOR ATHLETES.
(a) Rulemaking.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall issue regulations requiring
professional sports associations operating in interstate commerce to
adopt and enforce policies and procedures for testing athletes who
participate in their respective associations for the use of
performance-enhancing substances. Such policies and procedures shall,
at minimum, include the following:
(1) Timing and frequency of random testing.--Each athlete
shall be tested a minimum of 5 times each year that such
athlete is participating in the activities organized by the
professional sports association. Tests shall be conducted at
random intervals throughout the entire year, during both the
season of play and the off-season, and neither the athlete, nor
any member of the coaching and training staffs shall be
notified in advance of the test.
(2) Applicable substances.--The Secretary, in consultation
with the Director of the National Institute on Drug Abuse,
shall, by rule, prescribe the substances for which each athlete
shall be tested, which shall include--
(A) substances that--
(i) are determined by the World Anti-Doping
Agency to be prohibited substances; and
(ii) the Secretary determines to be
performance-enhancing substances for any
particular sport, or substances whose purpose
is to conceal the presence of performance-
enhancing substances in the body, and for which
testing is reasonable and practicable; and
(B) such additional substances that the Secretary
may determine to be performance-enhancing substances
for any particular sport, or substances whose purpose
is to conceal the presence of performance-enhancing
substances in the body, and for which testing is
reasonable and practicable.
(3) Therapeutic and medical use exemptions.--The Secretary,
in consultation with the Director of the National Institute on
Drug Abuse, shall establish criteria by which professional
sports associations, after consultation with the athletes who
participate in the activities of such professional sports
association (or the representatives of such athletes), may
provide an athlete with an exemption for a particular
substance, prior to or after any drug test, if such substance
has a legitimate medical or therapeutic use, and if such use is
for a documented medical condition of such athlete.
(4) Method of testing and analysis.--The Secretary, in
consultation with the Director of the National Institute on
Drug Abuse, shall establish criteria whereby tests shall be
administered by an independent party not affiliated with the
professional sports association.
(5) Penalties.--Subject to the determination made pursuant
to an appeal as described in paragraph (6), a positive test
shall result in the following penalties:
(A) Suspension.--
(i) An athlete who tests positive shall be
suspended from participation in the
professional sports association for a period
not less than \1/2\ of a season of play,
including suspension from the number of games
constituting \1/2\ of a season of play.
(ii) An athlete who tests positive, having
once previously violated the policies
concerning prohibited substances, shall be
suspended from participation in the
professional sports association for a period
not less than an entire season of play,
including suspension from the number of games
constituting a full season of play.
(iii) An athlete who tests positive, having
twice previously violated the policies
concerning prohibited substances, shall be
permanently suspended from participation in the
professional sports association.
All suspensions shall include loss of pay for the
period of suspension.
(B) Disclosure.--The name of any athlete having a
positive test result resulting in suspension shall be
disclosed to the public.
(C) Exceptional circumstances.--The Secretary shall
establish criteria by which professional sports
associations may reduce the period of suspension for an
athlete who has tested positive for a prohibited
substance but who establishes that he or she bears no
fault or negligence or no significant fault or
negligence for the violation. In establishing such
criteria, the Secretary shall consider the policies and
practices of the World Anti-Doping Agency regarding
reduced penalties for exceptional circumstances. Such
criteria shall not require a professional sports
association to adopt a policy providing for reductions
in penalties for any circumstances.
(6) Appeals process.--
(A) Hearing and final adjudication.--An athlete who
tests positive and is subject to penalty under
paragraph (5) shall be afforded an opportunity for a
prompt hearing and a right to appeal. Such athlete
shall file an appeal with the professional sports
association within 5 business days after learning of
the positive test. The association shall hold a hearing
before an arbiter established under subparagraph (B)
and such arbiter shall reach a final adjudication not
later than 45 days after receiving notice of the
appeal. The penalties specified in paragraph (5) shall
be stayed pending an appeal and final adjudication.
(B) Arbiter.--The arbiter of the appeals process
described in subparagraph (A) shall be agreed upon
mutually by the professional sports association and the
athletes who participate in the activities of such
professional sports association (or the representatives
of such athletes), and shall be approved by the
Secretary, and such approval shall not be unreasonably
withheld.
(b) Consultation.--In prescribing regulations under this section,
the Secretary may consult with anti-doping authorities, medical
experts, and professional sports associations.
SEC. 4. NONCOMPLIANCE.
Beginning 1 year after the date on which the final rules required
by section 3 are issued, the Secretary may fine any professional sports
association that fails to adopt and enforce testing policies and
procedures consistent with such regulations. An initial fine for
failing to adopt or enforce such policies and procedures under this Act
shall be $5,000,000 and may be increased by the Secretary by $1,000,000
for each day of noncompliance. The Secretary may reduce the fines
specified in this section upon finding such fines to be unduly
burdensome on a professional sports association.
SEC. 5. REPORTS.
(a) Report on Effectiveness of Regulations.--Not later than 2 years
after the date of enactment of this Act and every 2 years thereafter,
the Secretary shall transmit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate, a report describing the effectiveness
of the regulations prescribed pursuant to this Act, the degree to which
professional sports associations have complied with such regulations,
and any significant examples of noncompliance.
(b) Study on College and Secondary School Testing Policies and
Procedures.--
(1) Study.--The Comptroller General shall conduct a study
on the testing policies and practices (and their
implementation) for performance-enhancing substances for
athletes at colleges and secondary schools. The study shall
examine the prohibited substance policies and testing
procedures of--
(A) intercollegiate athletic associations;
(B) college and university athletic departments;
and
(C) secondary schools and State and regional
interscholastic athletic associations.
The study shall also include an analysis of the best available
estimates for both licit and illicit use of anabolic steroids
and human growth hormones by such athletes.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall transmit a
report to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate. The report shall assess the
adequacy of such testing policies and procedures in detecting
and preventing the use of performance-enhancing substances, and
shall include any recommendations to Congress regarding
expanding the application of the regulations issued pursuant to
this Act to such intercollegiate and interscholastic athletic
associations.
SEC. 6. RULES OF CONSTRUCTION.
(a) Pre-Existing Policies.--Nothing in this Act shall be construed
to prohibit a professional sports association from continuing to
enforce policies and procedures governing the use of performance-
enhancing substances that were in effect on the date of enactment of
this Act until such time as such professional sports associations adopt
policies and procedures consistent with the rules issued under section
3.
(b) More Stringent Policies.--Nothing in this Act shall be
construed to prohibit a professional sports association and its
athletes (or the representatives of its athletes) from negotiating and
agreeing upon policies and procedures governing the use and testing of
performance-enhancing substances that are more stringent than those
required by this Act. | Drug Free Sports Act - (Sec. 3) Directs the Secretary of Commerce to issue regulations requiring professional sports associations to adopt and enforce policies and procedures for the random testing of athletes for the use of performance-enhancing substances. Requires that each athlete be tested five times each year at random intervals during both the season of play and the off-season and without advance notification of the athlete or coaching and training staffs. Requires the Secretary to prescribe the substances for which each athlete is to be tested, to include: (1) prohibited substances as determined by the World Anti-Doping Agency; and (2) substances the Secretary determines are performance-enhancing substances for a particular sport or are designed to conceal the presence of performance-enhancing substances in the body and for which testing is reasonable and practicable.
Requires the Secretary to establish criteria for: (1) exempting athletes for documented legitimate medical or therapeutic usage; (2) testing to be administered by an independent party; and (3) reducing the suspension for an athlete who has tested positive but who establishes that he or she bears no fault or negligence or no significant fault or negligence.
Directs that the penalty for a positive test result is suspension without pay for one-half of the season of play for the first violation, for one full season of play for the second violation, and permanently for a third violation. Requires disclosure to the public of the name of any athlete who tests positive. Provides for an opportunity for a prompt hearing and an appeal before an arbiter.
(Sec. 4) Allows the Secretary to: (1) fine any such association for failure to adopt and enforce testing policies and procedures consistent with the regulations; and (2) reduce such fines if they are unduly burdensome.
(Sec. 5) Requires the Secretary to report to the appropriate congressional committees on the effectiveness of, and compliance with, regulations prescribed under this Act.
Requires the Comptroller General to study the testing policies and practices for the use of performance-enhancing substances by college and secondary school athletes, including: (1) an examination of prohibited substance policies and testing procedures of intercollegiate athletic associations, college and university athletic departments, secondary schools, and state and regional interscholastic athletic associations; and (2) an analysis of the best available estimates for both licit and illicit use of anabolic steroids and human growth hormones by such athletes. Requires the Comptroller General to report to the appropriate congressional committees on the adequacy of such testing policies and procedures in detecting and preventing the use of performance-enhancing substances and include recommendations regarding expanding the application of this Act to intercollegiate and interscholastic athletic associations.
(Sec. 6) Provides that this Act does not prohibit professional sports associations and their athletes from negotiating and agreeing upon more stringent requirements. | {"src": "billsum_train", "title": "To direct the Secretary of Commerce to issue regulations requiring testing for steroids and other performance-enhancing substances for certain sports associations engaged in interstate commerce."} | 1,927 | 608 | 0.684073 | 1.960744 | 0.715462 | 3.462247 | 3.348066 | 0.928177 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mandatory Arbitration Transparency
Act of 2017''.
SEC. 2. VALIDITY AND ENFORCEABILITY OF PREDISPUTE ARBITRATION
AGREEMENTS CONTAINING CONFIDENTIALITY CLAUSES.
(a) In General.--Title 9, United States Code, is amended by adding
at the end the following:
``CHAPTER 4--PREDISPUTE ARBITRATION AGREEMENTS CONTAINING
CONFIDENTIALITY CLAUSES
``401. Definitions.
``402. Validity and enforceability.
``Sec. 401. Definitions
``(a) In this chapter--
``(1) the term `civil rights dispute' means a dispute--
``(A) arising under--
``(i) the Constitution of the United States
or the constitution of a State; or
``(ii) a Federal or State statute that
prohibits discrimination on the basis of race,
sex, disability, religion, national origin, or
any invidious basis in education, employment,
credit, housing, public accommodations and
facilities, voting, or any program funded or
conducted by the Federal Government or a State
government, including any statute enforced by
the Civil Rights Division of the Department of
Justice and any statute enumerated in section
62(e) of the Internal Revenue Code of 1986
(relating to unlawful discrimination); and
``(B) in which at least 1 party alleging a
violation of the Constitution of the United States, a
State constitution, or a statute prohibiting
discrimination is an individual;
``(2) the term `consumer dispute' means a dispute between
an individual who seeks or acquires real or personal property,
services, securities or other investments, money, or credit for
personal, family, or household purposes and the seller or
provider of such property, services, securities or other
investments, money, or credit;
``(3) the term `covered confidentiality clause' means a
provision of a predispute arbitration agreement that, with
respect to an employment dispute, consumer dispute, or civil
rights dispute, purports to, or could be interpreted by a
reasonable person to, prohibit a party to the dispute from--
``(A) making a communication in a manner such that
the prohibition would violate a State or Federal
whistleblower statute; or
``(B) reporting or making a communication,
including to any relevant public official, elected
official, or other State or Federal authority, about--
``(i) tortious conduct;
``(ii) otherwise unlawful conduct; or
``(iii) issues of public policy or public
concern;
``(4) the term `employment dispute' means a dispute between
an employer and employee arising out of the relationship of
employer and employee as defined in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203); and
``(5) the term `predispute arbitration agreement' means any
agreement to arbitrate a dispute that had not yet arisen at the
time of the making of the agreement.
``Sec. 402. Validity and enforceability
``(a) In General.--
``(1) Prohibition on predispute arbitration agreements with
confidentiality clauses.--Notwithstanding any other provision
of this title, no predispute arbitration agreement shall be
valid or enforceable if the agreement contains a covered
confidentiality clause.
``(2) Exception.--Paragraph (1) shall not apply to a
predispute arbitration agreement if a party to the agreement
can demonstrate a confidentiality interest that significantly
outweighs the private and public interest in disclosure.
``(b) Applicability.--
``(1) In general.--An issue as to whether this chapter
applies to an arbitration agreement shall be determined under
Federal law. The applicability of this chapter to an agreement
to arbitrate and the validity and enforceability of an
agreement to which this chapter applies shall be determined by
a court, rather than an arbitrator, irrespective of whether the
party resisting arbitration challenges the arbitration
agreement specifically or in conjunction with other terms of
the contract containing such agreement.
``(2) Collective bargaining agreements.--Nothing in this
chapter shall apply to any arbitration provision in a contract
between an employer and a labor organization or between labor
organizations, except that no such arbitration provision shall
have the effect of waiving the right of an employee to seek
judicial enforcement of a right arising under a provision of
the Constitution of the United States, a State constitution, or
a Federal or State statute, or public policy arising
therefrom.''.
(b) Technical and Conforming Amendment.--The table of chapters for
title 9, United States Code, is amended by adding at the end the
following:
``4. Predispute arbitration agreements containing 401''.
confidentiality clauses.
SEC. 3. UNFAIR OR DECEPTIVE ACT OR PRACTICE.
(a) Definition.--In this section--
(1) the term ``Commission'' means the Federal Trade
Commission; and
(2) the terms ``covered confidentiality clause'' and
``predispute arbitration agreement'' have the meanings given
those terms in section 401 of title 9, United States Code, as
added by section 2.
(b) Prohibition.--
(1) In general.--It shall be unlawful for a person to
knowingly offer to another person for ratification a predispute
arbitration agreement that contains a covered confidentiality
clause.
(2) Exceptions.--
(A) Confidentiality interest.--Paragraph (1) shall
not apply to a person that offers a predispute
arbitration agreement with a covered confidentiality
clause if the person can demonstrate a confidentiality
interest that significantly outweighs the private and
public interest in disclosure.
(B) Collective bargaining agreements.--Paragraph
(1) shall not apply with respect to any arbitration
provision in a contract between an employer and a labor
organization or between labor organizations, if the
arbitration provision does not waive the right of an
employee to seek judicial enforcement of a right
arising under a provision of the Constitution of the
United States, a State constitution, or a Federal or
State statute, or public policy arising therefrom.
(c) Enforcement by Federal Trade Commission.--
(1) Treatment as unfair or deceptive act or practice.--A
violation of subsection (b) by a person with respect to which
the Commission is empowered under section 5(a)(2) of the
Federal Trade Commission Act (15 U.S.C. 45(a)(2)) shall be
treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B)
of that Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The Commission shall enforce this
section in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this section.
(B) Privileges and immunities.--Any person who
violates subsection (b) shall be subject to the
penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act (15 U.S.C.
41 et seq.).
(3) Rulemaking.--The Commission shall promulgate standards
and rules to carry out this section in accordance with section
553 of title 5, United States Code.
(d) Civil Action.--
(1) Private right of action.--Any person aggrieved by a
violation of subsection (b) may bring a civil action in an
appropriate district court of the United States.
(2) Remedies.--In an action under paragraph (1), the court
may award--
(A) actual damages, but not less than liquidated
damages in an amount equal to $1,000;
(B) punitive damages;
(C) reasonable attorney's fees and other litigation
costs reasonably incurred; and
(D) any other preliminary and equitable relief that
the court determines appropriate, including injunctive
relief.
SEC. 4. EFFECTIVE DATE.
(a) In General.--This Act, and the amendments made by this Act,
shall take effect on the date of enactment of this Act.
(b) Applicability.--
(1) Validity and enforceability.--Chapter 4 of title 9,
United States Code, as added by section 2, shall apply with
respect to any dispute or claim that arises on or after the
date of enactment of this Act.
(2) Unfair or deceptive act or practice.--Section 3 shall
apply with respect to any predispute arbitration agreement
offered for ratification on or after the date of enactment of
this Act. | Mandatory Arbitration Transparency Act of 2017 This bill prohibits predispute arbitration agreements from containing a confidentiality clause regarding an employment, consumer, or civil rights dispute that could be interpreted to prohibit a party from: (1) making a communication in a manner such that the prohibition would violate a whistle-blower statute; or (2) reporting or making a communication about tortious conduct, unlawful conduct, or issues of public policy or public concern. But the prohibition shall not apply if a party can demonstrate a confidentiality interest that significantly outweighs the private and public interest in disclosure. The validity or enforceability of such an agreement to arbitrate shall be determined by a court, under federal law, rather than by an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. The bill does not apply to contracts between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall waive the right of an employee to seek judicial enforcement of a right arising under the U.S. Constitution, a state constitution, a federal or state statute, or related public policy. The Federal Trade Commission shall enforce against violations by persons offering such agreements, which shall be treated as unfair or deceptive acts or practices under Federal Trade Commission Act. The bill also allows private rights of action by any persons aggrieved by a violation. | {"src": "billsum_train", "title": "Mandatory Arbitration Transparency Act of 2017"} | 1,989 | 310 | 0.596603 | 1.933184 | 0.769717 | 4.187266 | 6.509363 | 0.921348 |
SECTION 1. SHORT TITLE AND DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Colorado
Wilderness Act of 2001''.
(b) Definitions.--As used in this Act, the term ``Secretary'' means
the Secretary of the Interior or the Secretary of Agriculture, as
appropriate.
SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--The following lands in the State of Colorado
administered by the Bureau of Land Management or the United States
Forest Service are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System:
(1) Certain lands in the Glenwood Springs Resource Area
which comprise approximately 40,424 acres, as generally
depicted on a map entitled ``Roan Plateau Wilderness Proposal''
dated February 1, 2001, which shall be known as the Roan
Plateau Wilderness.
(2) The following areas in the Glenwood Springs Resource
Area and the White River National Forest:
(A) Certain lands which comprise approximately
22,170 acres, as generally depicted on a map entitled
``Deep Creek Wilderness Proposal'', dated February 1,
2001, which shall be known as the Deep Creek
Wilderness.
(B) Certain lands which comprise approximately
13,272 acres, as generally depicted on a map entitled
``Flat Tops Addition Wilderness Proposal'', dated
February 1, 2001, and which are hereby incorporated in
and shall be deemed to be a part of the Flat Tops
Wilderness designated by Public Law 94-146.
(3) The following lands in the Grand Junction Resource
Area:
(A) Certain lands which comprise approximately
21,060 acres, as generally depicted on a map entitled
``Bangs Canyon Wilderness Proposal'', dated February 1,
2001, which shall be known as the Bangs Canyon
Wilderness.
(B) Certain lands which comprise approximately
25,805 acres, as generally depicted on a map entitled
``Demaree Canyon Wilderness Proposal'', dated February
1, 2001, which shall be known as the Demaree Canyon
Wilderness.
(C) Certain lands which comprise approximately
4,249 acres, as generally depicted on a map entitled
``Granite Creek Wilderness Proposal'', dated February
1, 2001, which shall be known as the Granite Creek
Wilderness.
(D) Certain lands in the Grand Junction Resource
Area which comprise approximately 14,563 acres, as
generally depicted on a map entitled ``Hunter Canyon
Wilderness Proposal'', dated February 1, 2001, which
shall be known as the Hunter Canyon Wilderness.
(E) Certain lands which comprise approximately
29,205 acres, as generally depicted on a map entitled
``Little Bookcliffs Wilderness Proposal'', dated
February 1, 2001, which shall be known as the Little
Bookcliffs Wilderness.
(F) Certain lands which comprise approximately
26,836 acres, as generally depicted on a map entitled
``The Palisade Wilderness Proposal'', dated February 1,
2001, which shall be known as The Palisade Wilderness.
(G) Certain lands which comprise approximately
27,508 acres, as generally depicted on a map entitled
``South Shale Ridge Wilderness Proposal'', dated
February 1, 2001, which shall be known as the South
Shale Ridge Wilderness.
(4) Certain lands in the Grand Junction and Uncompahgre
Resource Areas and the Uncompahgre National Forest which
comprise approximately 84,452 acres, as generally depicted on a
map entitled ``Dominguez Canyons Wilderness Proposal'', dated
February 1, 2001, which shall be known as the Dominguez Canyons
Wilderness.
(5) Certain lands in the Grand Junction Resource Area and
the Uncompahgre National Forest which comprise approximately
39,039 acres, as generally depicted on a map entitled ``Unaweep
Wilderness Proposal'', dated February 1, 2001, which shall be
known as the Unaweep Wilderness.
(6) Certain lands in the Grand Junction Resource Area, the
San Juan Resource Area, and the Manti-LaSal National Forest
which comprise approximately 30,084 acres, as generally
depicted on a map entitled ``Sewemup Mesa Wilderness
Proposal'', dated February 1, 2001, which shall be known as the
Sewemup Mesa Wilderness.
(7) Certain in the Gunnison Resource Area which comprise
approximately 38,560 acres, as generally depicted on a map
entitled ``Redcloud Peak Wilderness Proposal'', dated February
1, 2001, which shall be known as the Redcloud Peak Wilderness.
(8) Certain lands in the Gunnison Resource Area and the
Gunnison National Forest and Rio Grande National Forest which
comprise approximately 72,332 acres, as generally depicted on a
map entitled ``Handies Peak Wilderness Proposal'', dated
February 1, 2001, which shall be known as the Handies Peak
Wilderness.
(9) Certain lands in the Kremmling Resource Area which
comprise approximately 33 acres, as generally depicted on a map
entitled ``Platte River Addition Wilderness Proposal'', dated
February 1, 2001, and which are hereby incorporated in and
shall be deemed to be part of the Platte River Addition
Wilderness designated by Public Law 98-550.
(10) Certain lands in the Kremmling Resource Area, the
Arapaho National Forest, and the Routt National Forest which
comprise approximately 119,615 acres, as generally depicted on
a map entitled ``Troublesome Wilderness Proposal'', dated
February 1, 2001, which shall be known as the Troublesome
Wilderness.
(11) Certain lands in the Royal Gorge Resource Area and the
Pike National Forest which comprise approximately 24,422 acres,
as generally depicted on a map entitled ``Browns Canyon
Wilderness Proposal'', dated February 1, 2001, which shall be
known as the Browns Canyon Wilderness.
(12) Certain lands in the Uncompahgre Resource Area and the
Grand Mesa National Forest which comprise approximately 10,723
acres as generally depicted on a map entitled ``Adobe Badlands
Wilderness Area Proposal'', dated February 1, 2001, which shall
be known as the Adobe Badlands Wilderness.
(13) Certain lands in the Uncompahgre Resource Area and the
Uncompahgre National Forest which comprise approximately 14,476
acres, as generally depicted on a map entitled ``Roubideau
Addition Wilderness Proposal'', dated February 1, 2001, which
shall be known as the Roubideau Wilderness.
(14) Certain lands in the San Juan Resource Area which
comprise approximately 41,022 acres, as generally depicted on a
map entitled ``Dolores River Canyon Wilderness Proposal'',
dated February 1, 2001, which shall be known as the Dolores
River Canyon Wilderness.
(b) Maps and Descriptions.--As soon as practicable after the date
of enactment of this Act, the appropriate Secretary shall file a map
and a boundary description of each area designated as wilderness by
this Act with the Committee on Resources of the United States House of
Representatives and the Committee on Energy and Natural Resources of
the United States Senate. Each map and description shall have the same
force and effect as if included in this Act, except that the
appropriate Secretary is authorized to correct clerical and
typographical errors in such boundary descriptions and maps. Such maps
and boundary descriptions shall be on file and available for public
inspection in the Office of the Director of the Bureau of Land
Management, Department of the Interior, and in the Office of the Chief
of the Forest Service, Department of Agriculture, as appropriate.
(c) State and Private Lands.--Lands within the exterior boundaries
of any wilderness area designated under this section that are owned by
the State or by a private entity shall be included within such
wilderness area if such lands are acquired by the United States. Such
lands may be acquired by the United States only as provided in the
Wilderness Act (16 U.S.C. 1131 and following).
SEC. 3. ADMINISTRATIVE PROVISIONS.
(a) In General.--Subject to valid existing rights, lands designated
as wilderness by this Act shall be managed by the Secretary of
Agriculture or the Secretary of the Interior, as appropriate, in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this
Act, except that, with respect to any wilderness areas designated by
this Act, any reference in the Wilderness Act to the effective date of
the Wilderness Act shall be deemed to be a reference to the date of
enactment of this Act.
(b) Grazing.--Grazing of livestock in wilderness areas designated
by this Act shall be administered in accordance with the provisions of
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), as
further interpreted by section 108 of Public Law 96-560, and, the
guidelines set forth in Appendix A of House Report 101-405 of the 101st
Congress.
(c) State Jurisdiction.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be
construed as affecting the jurisdiction or responsibilities of the
State of Colorado with respect to wildlife and fish in Colorado.
(d) Water.--(1) With respect to each wilderness area designated by
this Act, Congress hereby reserves a quantity of water sufficient to
fulfill the purposes of this Act. The priority date of such reserved
rights shall be the date of enactment of this Act.
(2) The appropriate Secretary and all other officers of the United
States shall take steps necessary to protect the rights reserved by
paragraph (1), including the filing by the Secretary of a claim for the
quantification of such rights in any present or future appropriate
stream adjudication in the courts of the State of Colorado in which the
United States is or may be joined and which is conducted in accordance
with the McCarran Amendment (43 U.S.C. 666).
(3) Nothing in this Act shall be construed as a relinquishment or
reduction of any water rights reserved or appropriated by the United
States in the State of Colorado on or before the date of enactment of
this Act.
(4) The Federal water rights reserved by this Act are specific to
the wilderness areas located in the State of Colorado designated by
this title. Nothing in this title related to reserved Federal water
rights shall be construed as establishing a precedent with regard to
any future designations, nor shall it constitute an interpretation of
any other Act or any designation made pursuant thereto. | Colorado Wilderness Act of 2001 - Designates additional specified lands in the State of Colorado as wilderness and as components of the National Wilderness Preservation System. Provides for the reservation and protection of U.S. water rights for such areas. | {"src": "billsum_train", "title": "To designate certain lands in the State of Colorado as components of the National Wilderness Preservation System, and for other purposes."} | 2,504 | 53 | 0.532242 | 1.239235 | 0.604152 | 3.121951 | 50.341463 | 0.829268 |
TO SPECIFY ITS CONSTITUTIONAL
AUTHORITY AND SHOW EFFECTS ON CURRENT LAW.
Chapter 2 of title 1, United States Code, is amended by inserting
after section 105 the following:
``Sec. 105a. Text of bill or resolution to specify its constitutional
authority
``(a) Requirement.--
``(1) In general.--Any bill or resolution introduced in
either House of Congress shall contain a provision citing the
specific powers granted to Congress in the Constitution of the
United States to enact the proposed bill or resolution,
including all the provisions thereof.
``(2) Failure to comply.--Any bill or resolution not in
compliance with subsection (a)(1) shall not be accepted by the
Clerk of the House of Representatives or the Secretary of the
Senate.
``(b) Floor Consideration.--
``(1) In general.--The requirements of subsection (a)(1)
shall apply to any bill or resolution presented for
consideration on the floor of either House of Congress,
including those bills or resolutions reported from a committee
of either House of Congress, those consisting of a conference
report to accompany or bill or resolution, or those offered as
a manager's amendment.
``(2) Failure to comply.--Any bill or resolution not
complying with subsection (A)(1) shall not be submitted for a
vote on final passage.
``(c) No Waiver or Modification.--Neither House of Congress, nor
Congress jointly, by concurrent resolution, or by unanimous consent, or
by any other order, resolution, vote, or other means, may dispense
with, or otherwise waive or modify, the requirements set forth in this
section.
``Sec. 105b. Text of bill or resolution to set forth current law
``(a) Requirement.--
``(1) In general.--Any bill or resolution introduced in
either House of Congress which is designed to amend or modify
the effect of, or which would have the effect of amending or
modifying the effect of, any current provision of law,
including the expiration date of any law, shall set forth--
``(A) the amendments being proposed by the bill;
and
``(B) the current section of law as it would read
as modified by the amendments proposed, showing deleted
text struck through and inserted text underlined.
``(2) Failure to comply.--Any bill or resolution not
complying with this subsection shall not be accepted by the
Clerk of the House of Representatives or the Secretary of the
Senate.
``(b) Floor Consideration.--
``(1) In general.--The requirements of subsection (a)(1)
shall apply to all bills or resolutions presented for
consideration on the floor of either House of Congress,
including those reported from a committee of either House of
Congress, those consisting of a conference report to accompany
a bill or resolution, or those offered as a manager's
amendment.
``(2) Failure to comply.--Any bill or resolution not
complying with this section shall not be submitted to a vote on
final passage.
``(c) No Waiver or Modification.--Neither House of Congress, nor
Congress jointly, by concurrent resolution, or by unanimous consent, or
by any other order, resolution, vote, or other means, may dispense
with, or otherwise waive or modify, the requirements set forth in this
section.
``Sec. 105c. Text of amendment to set forth current bill
``(a) Requirement.--
``(1) In general.--Any amendment to a bill or resolution
introduced in either House of Congress shall set forth the
current section of the bill or resolution as it would read as
modified by the amendments proposed, showing deleted text
struck through and inserted text underlined.
``(2) Failure to comply.--Any bill or resolution not
complying with this subsection shall not be accepted by the
Clerk of the House of Representatives or the Secretary of the
Senate.
``(b) Floor Consideration.--
``(1) In general.--The requirements of subsection (a)(1)
shall apply to all bills or resolutions presented for
consideration on the floor of either House of Congress,
including those reported from a committee of either House of
Congress, those consisting of a conference report to accompany
a bill or joint resolution, or those offered as a manager's
amendment.
``(2) Failure to comply.--Any bill or resolution not
complying with this section shall not be submitted to a vote on
final passage.
``(c) No Waiver or Modification.--Neither House of Congress, nor
Congress jointly, by concurrent resolution, or by unanimous consent, or
by any other order, resolution, vote, or other means, may dispense
with, or otherwise waive or modify, the requirements set forth in this
section.
``Sec. 105d. Procedures prior to vote on bill or resolution
``(a) In General.--A vote on final passage of a bill (except for
private bills) or a resolution of a public character may not occur in
either House of Congress, unless--
``(1) the full text of the bill or resolution, or original
language and all adopted amendments to the same effect, is
published at least 7 days before the vote on the official
public Internet site of the Office of the Clerk of the House of
Representatives (in the case of a bill or resolution in the
House of Representatives) or the Office of the Secretary of the
Senate (in the case of a bill or resolution in the Senate),
easily available to and readily usable by the public, using an
open format that is platform independent, machine readable, and
available without restrictions respecting searching, retrieval,
downloading, and indexing, separate and apart from the calendar
of the Senate or the House of Representatives; and
``(2) public notice of the specific calendar week during
which the vote is scheduled to take place is posted on the
official Internet website described in paragraph (1) not less
than 6 days before the Monday of the calendar week during which
the vote is scheduled to take place, with failure to take the
vote during the noticed week requiring a new notice.
``(b) Roll Call.--No vote on final passage of a bill (except for
private bills) or resolution may occur in either House of Congress
unless taken by roll call.
``(c) Journal.--With respect to each vote on final passage of a
bill (except for a private bill) or resolution, each House of Congress
shall cause to be recorded in the journal of its proceedings that the
applicable publishing, notice, and reading requirements under this
section have been met.
``(d) No Waiver or Modification.--Neither House of Congress, nor
Congress jointly, by concurrent resolution, or by unanimous consent, or
by any other order, resolution, vote, or other means, may dispense
with, or otherwise waive or modify, the requirements set forth in this
section.
``(e) Exception for Declarations of War.--This section shall not
apply with respect to any bill or resolution which constitutes a
declaration of war.
``Sec. 105e. Enforcement
``(a) In General.--An Act of Congress that does not comply with
sections 105a, 105b, 105c, or 105d shall have no force or effect and no
legal, equitable, regulatory, civil, or criminal action may be brought
under such an Act of Congress.
``(b) Cause of Action.--Without regard to the amount in
controversy, a cause of action under sections 2201 and 2202 of title
28, United States Code, against the United States seeking appropriate
relief (including an injunction against enforcement of any law the
passage of which did not conform to the requirements of sections 105a,
105b, 105c, or 105d) may be brought by--
``(1) any person aggrieved by any action of any officer or
employee of the Federal Government under any Act of Congress
that does not comply with sections 105a, 105b, 105c, or 105d;
and
``(2) any Member of Congress aggrieved by the failure of
the House of Congress of which the Member is a Member to comply
with sections 105a, 105b, 105c, or 105d.''.
SEC. 3. SEVERABILITY.
If any provision of this Act or an amendment made by this Act, or
the application of a provision or amendment to any person or
circumstance, is held to be invalid for any reason in any court of
competent jurisdiction, the remainder of this Act and amendments made
by this Act, and the application of the provisions and amendment to any
other person or circumstance, shall not be affected.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to bills and resolutions introduced or considered during the
One Hundred Fourteenth Congress or any succeeding Congress. | Read the Bills Act - Requires any bill or resolution introduced in either chamber of Congress to contain a provision citing the specific powers granted to Congress in the Constitution to enact the proposed measure, including all of its provisions. Requires any measure introduced in either chamber, designed to amend or modify the effect of, or which would have such an effect, any current provision of law, including its expiration date, to set forth: (1) the amendments being proposed by the bill; and (2) the current section of law as it would read as modified by such amendments, showing deleted text struck through and inserted text underlined. Prohibits the Clerk of the House of Representatives or the Secretary of the Senate from accepting legislation if it is noncompliant with these requirements. Applies such requirements to any legislation presented for consideration on the floor of either chamber. Prohibits any noncompliant measure from being submitted for a vote on final passage. Prohibits either chamber of Congress jointly from waiving or modifying these requirements. Requires any amendment to a measure introduced in either chamber to set forth the current section of the legislation as it would read as modified by the amendment, showing deleted text struck through and inserted text underlined. Sets forth the same requirements and/or prohibitions for such amendments as those specified in this Act regarding the text of legislation setting forth current law. Bars a vote on final passage of a measure (except private bills) from occurring in either chamber, unless: (1) the full text of the measure, or original language and all adopted amendments to the same effect, is published at least seven days before the vote on the official public Internet website of the Office of the Clerk or the Office of the Secretary, as appropriate; and (2) public notice of the specific calendar week during which the vote is scheduled to take place is posted on the respective website within six days before the Monday of such week. Requires a roll call vote on final passage of a measure (except a private bill) in either chamber. Excludes from these requirements any measure which constitutes a declaration of war. Declares that an Act of Congress noncompliant with this Act shall have no force or effect. Bars any legal, equitable, regulatory, civil, or criminal action from being brought under such Act. Grants the following aggrieved individuals the right to bring an action against the United States to seek appropriate relief, including an injunction against the enforcement of any law, the passage of which did not conform to this Act: (1) persons aggrieved by an action of any federal officer or employee, and (2) Members of Congress. | {"src": "billsum_train", "title": "Read the Bills Act"} | 1,954 | 571 | 0.621385 | 1.9796 | 0.777601 | 4.017928 | 3.623506 | 0.88247 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patriot Corporations of America Act
of 2006''.
SEC. 2. FEDERAL CONTRACTING PREFERENCE FOR PATRIOT CORPORATIONS.
In the evaluation of bids or proposals for a contract for the
procurement of goods or services, the Federal Government shall provide
a preference to any entity that is a Patriot corporation (as defined in
section 11(e) of the Internal Revenue Code of 1986, as added by section
3 of this Act), unless the award of the contract to such entity would
jeopardize the national security interests of the United States.
SEC. 3. REDUCTION IN RATE OF INCOME TAX FOR PATRIOT CORPORATIONS.
(a) In General.--Section 11 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(e) Patriot Corporations.--
``(1) Rate reduction for patriot corporations.--In the case
of a Patriot corporation, the amount of the tax imposed under
subsection (a) (determined without regard to this paragraph)
shall be reduced by an amount equal to 5 percent of the taxable
income of such corporation.
``(2) Patriot corporation defined.--For purposes of this
subsection--
``(A) In general.--The term `Patriot corporation'
means, with respect to any taxable year, any
corporation which is certified by the Secretary as
meeting the requirements of subparagraph (B) for such
taxable and the preceding taxable year.
``(B) Requirements.--A corporation meets the
requirements of this subparagraph, with respect to any
taxable year, if such corporation--
``(i) produces in the United States at
least 90 percent of the goods and services sold
by such corporation during such taxable year,
``(ii) does not provide compensation to any
management personnel of such corporation at a
level of compensation which exceeds 10,000
percent of the level of compensation of the
full-time employee of such corporation with the
lowest level of compensation during such
taxable year,
``(iii) conducts at least 50 percent of the
research and development conducted by such
corporation during such taxable year
(determined on the basis of cost) in the United
States,
``(iv) has contributed at least 5 percent
of wages paid by the corporation during the
taxable year to a portable pension fund for the
benefit of employees of the corporation,
``(v) has paid at least 70 percent of the
cost of a standardized health insurance plan
for the benefit of employees of the corporation
during such taxable year,
``(vi) has maintained at all times during
such taxable year neutrality in employee
organizing drives and has in effect a policy to
that effect,
``(vii) has not been (at any time during
such taxable year) in violation of appropriate
Federal regulations including those related to
the environment, workplace safety, labor
relations, and consumer protections, as
determined by the Secretary, and
``(viii) has not been in violation of any
other regulations specified by the Secretary.
``(C) Certification process.--Not later than 90
days after the date of the enactment of this
subsection, the Secretary shall establish an
application and certification process to annually
certify corporations as Patriot corporations. Such
certifications shall be made at such time and on the
basis of such materials as the Secretary determines
appropriate.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2007.
(c) Certification Allowed for Year Preceding Effective Date of Rate
Reduction.--For purposes of section 11(e) of the Internal Revenue Code
of 1986, as added by this section, the Secretary may certify a
corporation as a Patriot corporation for the last taxable year of the
corporation beginning on or before December 31, 2007, if the
corporation meets the requirements of paragraph (2)(B) of such section
for such taxable year.
SEC. 4. TAX AVOIDANCE FOREIGN CORPORATIONS SUBJECT TO UNITED STATES
INCOME TAX.
(a) In General.--Paragraph (4) of section 7701(a) of the Internal
Revenue Code of 1986 (defining domestic) is amended to read as follows:
``(4) Domestic.--
``(A) In general.--Except as provided in
subparagraph (B), the term `domestic' when applied to a
corporation or partnership means created or organized
in the United States or under the law of the United
States or of any State unless, in the case of a
partnership, the Secretary provides otherwise by
regulations.
``(B) Tax avoidance foreign corporations treated as
domestic.--Any corporation which would (but for this
subparagraph) be treated as a foreign corporation shall
be treated as a domestic corporation if the Secretary
determines that such corporation was created or
organized as a foreign corporation (instead of as a
domestic corporation) principally for the purpose of
avoiding being treated as a domestic corporation under
this title.''.
(b) Effective Dates.--The amendment made by this section shall also
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 5. REDUCTION IN BENEFIT OF RATE REDUCTION FOR FAMILIES WITH
INCOMES OVER $1,000,000.
(a) General Rule.--Section 1 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(j) Reduction in Benefit of Rate Reduction for Families With
Incomes Over $1,000,000.--
``(1) In general.--If the adjusted gross income of a
taxpayer exceeds the threshold amount, the tax imposed by this
section (determined without regard to this subsection) shall be
increased by an amount equal to the applicable percentage of so
much of the adjusted gross income as exceeds the threshold
amount.
``(2) Threshold amounts.--For purposes of this subsection,
the term `threshold amount' means--
``(A) $1,000,000 in the case of a joint return, and
``(B) $500,000 in the case of any other return.
``(3) Applicable percentage.--For purposes of this
subsection, the term `applicable percentage' means, with
respect to any taxable year, such percentage as is estimated by
the Secretary to result in an increase in the revenues to the
Treasury for such taxable year which is equal to the excess
of--
``(A) the decrease (if any) in the revenues to the
Treasury that the Secretary estimates results from the
application of section 11(e) for such taxable year,
over
``(B) the increase (if any) in the revenues to the
Treasury that the Secretary estimates results from the
application of section 7701(a)(4)(B) for such taxable
year.
``(4) Tax not to apply to estates and trusts.--This
subsection shall not apply to an estate or trust.
``(5) Special rule.--For purposes of section 55, the amount
of the regular tax shall be determined without regard to this
subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2006.
(c) Application of EGTRRA Sunset.--The amendment made by this
section shall be subject to title IX of the Economic Growth and Tax
Relief Reconciliation Act of 2001 to the same extent and in the same
manner as section 101 of such Act.
(d) Section 15 Not to Apply.--The amendment made by subsection (a)
shall not be treated as a change in a rate of tax for purposes of
section 15 of the Internal Revenue Code of 1986. | Patriot Corporations of America Act of 2006 - Grants a preference to Patriot corporations in the evaluation of bids or proposals for federal contracts. Defines " Patriot corporation" as a corporation which: (1) produces at least 90% of its goods and services in the United States; (2) does not pay its its management-level employees at a rate more than 10,000% of the compensation of its lowest paid employee; (3) conducts at least 50% of its research and development in the United States; (4) contributes at least 5% of its payroll to a portable pension fund for its employees; (5) pays at least 70% of its employee health insurance costs; (6) maintains a policy of neutrality in employee organizing drives; and (7) has not violated federal regulations, including regulations relating to the environment, workplace safety, labor relations, and consumer protections.
Amends the Internal Revenue Code to: (1) reduce the income tax rate for Patriot corporation; (2) reclassify foreign corporations created or organized to avoid federal taxation as domestic corporations for income tax purposes; and (3) increase, for the period between January 1, 2007, and December 31, 2010, income taxes for individual taxpayers with adjusted gross incomes of $500,000 or more ($1 million or more for joint returns). | {"src": "billsum_train", "title": "To provide Federal contracting preferences for, and a reduction in the rate of income tax imposed on, Patriot corporations, and for other purposes."} | 1,715 | 262 | 0.568612 | 1.74385 | 0.794975 | 2.168582 | 5.94636 | 0.796935 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bottle Recycling Climate Protection
Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The energy required to manufacture beverage containers
from recycled containers is often less than the energy required
to create new beverage container materials from raw materials.
(2) Recycling beverage containers would reduce municipal
solid waste and reduce the energy and heat-trapping emissions
generated in the manufacture of new aluminum, plastics, and
other beverage container materials.
(3) An average of 350,000,000 beverage bottles and cans are
sent to landfills, incinerated, or littered every day.
(4) In 2006, less than half of the 100,000,000,000 aluminum
beverage cans purchased were recycled, resulting in the waste
of 800,000 tons of aluminum. Nine of ten plastic water bottles,
at least 27,000,000,000 bottles a year, end up as garbage or
litter, where they take up to 1,000 years to biodegrade.
(5) A national system for requiring a refund value on the
sale of all beverage containers would provide a positive
incentive to individuals to clean up the environment, and would
result in a high level of reuse and recycling of such
containers and help reduce the costs and environmental dangers
associated with solid waste management and container
manufacturing.
(6) Many Americans do not have access to recycling
programs. States that combine container deposit incentives with
convenient redemption locations have beverage container
recycling rates ranging from 65 percent to over 90 percent.
This is significantly higher than the average recycling rates
of 35 percent for aluminum cans, 14 percent for plastic
bottles, and 12 percent for glass bottles in States without
container deposit systems.
(7) Many domestic industries are dependent on recycled
steel, aluminum, glass and paper. A container deposit system
would yield greater access for recyclers to high grade
recycling products, preventing these industries from
competitive disadvantages in international recycling.
(8) States with bottle bills have container recycling rates
ranging from 60 percent to over 90 percent, compared to the
national average recycling rate of 34 percent.
(9) A national system of beverage container recycling is
consistent with the intent of the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).
SEC. 3. AMENDMENT OF SOLID WASTE DISPOSAL ACT.
(a) Amendment.--The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) is amended by adding the following new subtitle at the end
thereof:
``Subtitle K--Beverage Container Recycling
``SEC. 12001. DEFINITIONS.
``For purposes of this subtitle--
``(1) The term `beverage' means an alcoholic or non-
alcoholic, carbonated or uncarbonated liquid that is intended
for human consumption.
``(2) The term `beverage container' means a container
constructed of metal, glass, plastic, or some combination of
these materials and having a capacity of up to one gallon of
liquid and which is or has been sealed and used to contain a
beverage for sale in interstate commerce.
``(3) The term `beverage distributor' means a person who
sells or offers for sale in interstate commerce to beverage
retailers beverages in beverage containers for resale.
``(4) The term `beverage manufacturer' means a person who
manufactures and sells or offers for sale in interstate
commerce to beverage distributors or beverage retailers
beverages in beverage containers for resale.
``(5) The term `beverage retailer' means a person who
purchases from a beverage distributor beverages in beverage
containers for sale to a consumer or who sells or offers to
sell in commerce beverages in beverage containers to a
consumer, but does not include a person who sells or offers to
sell the beverages for consumption on the premises.
``(6) The term `deposit initiator' means a person who is a
beverage manufacturer, beverage importer or beverage
distributor, the domestic beverage manufacturer or the first
domestic entity selling the beverage to the retailer.
``(7) The term `consumer' means a person who purchases a
beverage container for any use other than resale.
``(8) The term `refund value' means the amount specified as
the refund value of a beverage container under section 12002.
``(9) The term `recovery for beverage containers' includes
both beverage containers and other containers that are made of
beverage container materials.
``SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING.
``Except as otherwise provided in section 12007, no beverage
distributor or beverage retailer may sell or offer for sale in
interstate commerce a beverage in a beverage container unless there is
clearly, prominently, and securely affixed to, or printed on, the
container a statement of the refund value of the container in the
amount of 5 cents. The Administrator shall promulgate rules
establishing uniform standards for the size and location of the refund
value statement on beverage containers. The 5 cent amount specified in
this section shall be subject to adjustment by the Administrator as
provided in section 12008.
``SEC. 12003. ORIGINATION OF REFUND VALUE.
``For each beverage in a beverage container sold in interstate
commerce to a beverage retailer by a deposit initiator, the distributor
shall collect from the retailer the amount of the refund value shown on
the container. With respect to each beverage in a beverage container
sold in interstate commerce to a consumer by a beverage retailer, the
retailer shall collect from the consumer the amount of the refund value
shown on the container. No person other than the persons described in
this section may collect a deposit on a beverage container.
``SEC. 12004. RETURN OF REFUND VALUE.
``(a) Payment by Retailer.--
``(1) In general.--Except as provided in paragraph (2), if
any person tenders for refund an empty and unbroken beverage
container to a beverage retailer who sells (or has sold at any
time during the period of 3 months ending on the date of such
tender) the same brand of beverage in the same kind and size of
container, the retailer shall promptly pay such person the
amount of the refund value stated on the container.
``(2) Exceptions.--A retailer shall not be required to
accept tender of a beverage container from any person under
paragraph (1)--
``(A) if the beverage container contains or is
contaminated by a hazardous waste;
``(B) in excess of 600 individual beverage
containers per day if the retailer occupies a space
less than 5,000 square feet; or
``(C) in excess of 1,800 individual beverage
containers per day if the retailer occupies a space
greater than 5,000 square feet.
``(b) Payment by Distributor.--If any person tenders for refund an
empty and unbroken beverage container to a beverage distributor who
sells (or has sold at any time during the period of 3 months ending on
the date of such tender) the same brand of beverage in the same kind
and size of container, the distributor shall promptly pay such person
(1) the amount of the refund value stated on the container, plus (2) an
amount equal to at least 3 cents per container to help defray the cost
of handling. This subsection shall not preclude any person from
tendering beverage containers to persons other than beverage
distributors.
``(c) Agreements.--(1) Nothing in this subtitle shall preclude
agreements between distributors, retailers, or other persons to
establish centralized or co-located beverage collection centers,
including centers which act as agents of such retailers.
``(2) Nothing in this subtitle shall preclude agreements between
beverage retailers, beverage distributors, or other persons for the
crushing or bundling (or both) of beverage containers.
``(d) Broken Containers.--The opening of a beverage container in a
manner in which it was designed to be opened and the compression of a
beverage container made of metal or plastic shall not, for purposes of
this section, constitute the breaking of the container if the statement
of the amount of the refund value of the container is still readable.
``(e) Reports.--Deposit initiators shall provide annual reports to
the Administrator or designated State agency documenting their rate of
redemption.
``SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND PROVISIONS FOR STATE
RECYCLING FUNDS.
``(a) Unclaimed Refunds.--At the end of each fiscal quarter, each
deposit initiator shall pay to each State an amount equal to the sum by
which the total refund value of all containers sold by the deposit
initiator for resale in that State during that year exceeds the total
sum paid during that period by the initiator under section 12004(b) to
persons in that State. The total of unclaimed refunds received by any
State under this section shall be available to carry out programs
designed to reduce greenhouse gas emissions within the State, including
but not limited to State and local recycling programs.
``(b) Refunds in Excess of Collections.--If the total of payments
made by a deposit initiator in any calendar year under section 12004(b)
for any State exceed the total refund value of all containers sold by
the initiator for resale in that State, the excess shall be credited
against the amount otherwise required to be paid by the initiator to
that State under subsection (a) for a subsequent fiscal year quarter
designated by the deposit initiator.
``SEC. 12006. PROHIBITIONS ON DISPOSAL.
``No retailer or distributor or agent of a retailer or distributer
may intentionally dispose of any beverage container labeled under
section 12002 or any metal, glass, or plastic from such a beverage
container (other than the top or other seal thereof) in any landfill or
other solid waste disposal facility.
``SEC. 12007. EXEMPTED STATES.
``(a) In General.--The provisions of sections 12002 through 12005
and sections 12008 and 12009 of this subtitle shall not apply in any
State which--
``(1) has adopted and implemented, before the date of
enactment of this subtitle, a law requiring beverage container
deposits;
``(2) demonstrates to the Administrator that, for any
period of 12 consecutive months following the date of enactment
of this subtitle, such State achieved a recycling or reuse rate
for beverage containers of at least--
``(A) 50 percent for the first 3 years after the
date of enactment of this subtitle;
``(B) 60 percent for the subsequent 2 year period;
and
``(C) 70 percent during any period thereafter; or
``(3) has adopted and implemented a law requiring a
recovery rate of 70 percent within one year of enactment of
this subtitle. Such law shall require recertification of this
recovery rate every 3 years.
Paragraph (1) shall only apply with respect to the first 3 years after
the date of enactment of this subtitle. If at any time following a
determination under paragraph (2) that a State has achieved the
applicable percentage recycling or reuse rate the Administrator
determines that such State has failed, for any 12-consecutive-month
period, to maintain at least the applicable percentage recycling or
reuse rate of its beverage containers, the Administrator shall notify
such State that, upon the expiration of the 90-day period following
such notification, the provisions under sections 12002 through 12005
and sections 12008 and 12009 shall be applicable to that State until a
subsequent determination is made under subparagraph (A) or a
demonstration is made under subparagraph (B).
``(b) Determination of Tax.--No State or political subdivision
which imposes any tax on the sale of any beverage container may impose
a tax on any amount attributable to the refund value of such container.
``(c) Effect on Other Laws.--Nothing in this subtitle shall be
construed to affect the authority of any State or political subdivision
thereof to enact or enforce (or continue in effect) any law respecting
a refund value on containers other than beverage containers or from
regulating redemption and other centers which purchase empty beverage
containers from beverage retailers, consumers, or other persons.
``SEC. 12008. REGULATIONS.
``Not later than 12 months after the date of enactment of this
subtitle, the Administrator shall prescribe regulations to carry out
this subtitle. The regulations shall include a definition of the term
`beverage retailer' in a case in which beverages in beverage containers
are sold to consumers through beverage vending machines. Such
regulations shall also adjust the 5 cent amount specified in section
12002 and the 2 cent amount specified in section 12004 to account for
inflation. Such adjustment shall be effective 10 years after the date
of enactment of this subtitle and additional adjustments shall take
effect at 10 year intervals thereafter. The regulations shall also
permit the Administrator to increase such amounts by an additional
amount after the expiration of 5 years after the date of enactment of
this subtitle.
``SEC. 12009. PENALTIES.
``Any person who violates any provision of section 12002, 12003,
12004, or 12006 shall be subject to a civil penalty of not more than
$1,000 for each violation. Any person who violates any provision of
section 12005 shall be subject to a civil penalty of not more than
$10,000 for each violation.
``SEC. 12010. EFFECTIVE DATE.
``Except as provided in section 12007 abd 12008, this subtitle
shall take effect 2 years after the date of its enactment.''.
(b) Table of Contents.--The table of contents for such Act is
amended by adding the following at the end thereof:
``Subtitle K--Beverage Container Recycling
``Sec. 12001. Definitions.
``Sec. 12002. Required beverage container labeling.
``Sec. 12003. Origination of refund value.
``Sec. 12004. Return of refund value.
``Sec. 12005. Accounting for unclaimed refunds and provisions for State
recycling funds.
``Sec. 12006. Prohibitions on disposal.
``Sec. 12007. Exempted States.
``Sec. 12008. Regulations.
``Sec. 12009. Penalties.
``Sec. 12010. Effective date.''. | Bottle Recycling Climate Protection Act of 2009 - Amends the Solid Waste Disposal Act to prohibit retailers and distributors from selling beverages in containers that do not display a statement of a refund value of five cents. Defines "beverage" as an alcoholic or non-alcoholic, carbonated or uncarbonated liquid that is intended for human consumption. Requires: (1) distributors to collect the refund value for each beverage sold to retailers by a deposit initiator; and (2) retailers to collect the refund value for each beverage sold to consumers. Requires: (1) retailers to pay the refund on returned unbroken containers of brands sold for up to a specified number of containers per day based on the square footage of the retailer's space (excluding any container contaminated by a hazardous waste); and (2) distributors to pay the refund on returned containers of brands sold, plus at least three cents per container for handling costs. Directs each deposit initiator to pay to a state, quarterly, unclaimed refund amounts, which shall be available to the state for programs designed to reduce greenhouse gas emissions. Prohibits distributors and retailers from intentionally disposing of containers subject to this Act or any metal, glass, or plastic from such containers (other than the top or seal) in landfills or solid waste disposal facilities. Exempts states that have implemented laws requiring beverage container deposits or that have demonstrated achievement of specified recycling, reuse, or recovery rates for beverage containers. Prohibits states or political subdivisions that impose taxes on the sale of beverage containers from imposing any tax on the amount attributable to the refund value of such containers. Provides for the adjustment for inflation of the refund amounts at ten-year intervals. Prescribes civil penalties for violations of this Act. | {"src": "billsum_train", "title": "To amend the Solid Waste Disposal Act to require a refund value for certain beverage containers, and to provide resources for State pollution prevention and recycling programs, and for other purposes."} | 3,165 | 383 | 0.548882 | 1.8153 | 0.652065 | 2.6 | 8.827273 | 0.890909 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clear Creek County, Colorado, Public
Lands Transfer Act of 1993''.
SEC. 2. TRANSFER OF PUBLIC LANDS.
The Secretary of the Interior (hereinafter in this Act referred to
as the ``Secretary'') shall transfer in accordance with this Act the
approximately 14,000 acres of public lands generally depicted on a map
entitled ``Clear Creek County, Colorado, Public Lands Transfer_
Proposed'', and dated May 1993, to the Secretary of Agriculture, the
State of Colorado, and certain political subdivisions of the State of
Colorado, as indicated in sections 3, 4, and 5. Conveyances made
pursuant to this Act shall be made without conducting new surveys.
SEC. 3. LAND TRANSFER TO FOREST SERVICE.
(a) Transfer._Subject to valid existing rights, administrative
jurisdiction to the approximately 3,400 acres of the public lands
described as ``Part I Lands'' on the map referred to in section 2 is
hereby transferred to the Secretary of Agriculture. Such lands are
added to and shall be administered as part of the Arapaho National
Forest in accordance with the laws and regulations pertaining to the
National Forest System and the Arapaho National Forest.
(b) Administrative Provisions._(1) The boundaries of the Arapaho
National Forest are hereby modified as shown on the map referred to in
section 2. For the purpose of section 7 of the Land and Water
Conservation Fund Act of 1965 (78 Stat. 903, as amended; 16 U.S.C.
460l-9) the boundaries of the Arapaho National Forest as modified by
this section shall be treated as if they were the boundaries of such
forest on January 1, 1965.
(2) Nothing in this section shall affect valid existing rights, or
interests in existing land use authorizations, except that any such
right or authorization shall be administered by the Forest Service in
accordance with this section and other applicable laws. Reissuance of
any such authorization shall be in accordance with laws applicable to
the National Forest System and regulations of the Secretary of
Agriculture, except that the change in administrative jurisdiction
shall not constitute in itself a ground to deny renewal or reissuance
of any such authorization.
SEC. 4. LAND TRANSFERS TO STATE OF COLORADO AND TO CLEAR CREEK COUNTY
AND TOWNS OF SILVER PLUME AND GEORGETOWN, COLORADO.
(a) Transfer._Subject to section 6 and valid existing rights, the
Secretary shall transfer, without consideration, all right, title, and
interest, both surface and subsurface, of the United States in and to
the approximately 3,200 acres of public lands described as ``Part II
Lands'' on the map referred to in section 2, excluding any such lands
within the corporate boundaries of the towns of Georgetown or Silver
Plume, Colorado, as of January 1, 1993, as follows:
(1) Approximately 600 acres of such lands to the town of Silver
Plume, Colorado, as so indicated on such map.
(2) Approximately 800 acres of such lands to the town of
Georgetown, Colorado, as so indicated on such map.
(3) Approximately 600 acres of such lands to the County of
Clear Creek, Colorado, as so indicated on such map.
(4) Approximately 1,200 acres of such lands to the State of
Colorado, as so indicated on such map.
(b) Management and Reversion._
(1) The lands transferred under this section shall be managed
in accordance with the cooperative management agreement among the
Colorado Division of Wildlife, the Colorado State Historical
Society, the town of Silver Plume, the town of Georgetown, and the
County of Clear Creek, which is dated January 1989; the
stipulations related to the preservation of artifacts contained in
the Bureau of Land Management's cultural resource survey pertaining
to such lands; and the terms of the applications filed with the
Secretary for the disposal of such lands under the Act of June 14,
1926 (43 U.S.C. 869 et seq.; hereafter in this Act referred to as
the ``Recreation and Public Purposes Act''), except that other uses
of the lands may be made with the approval of the Secretary.
(2)(A) Title to lands conveyed by the Secretary under this
section may not be transferred by the grantee or its successor
except, with the consent of the Secretary, to a transferee which
would be a qualified grantee under section 2 (a) or (c) of the
Recreation and Public Purposes Act (43 U.S.C. 869-1 (a), (c)).
(B) The provisions of paragraph (3) of this subsection shall
apply if at any time after such conveyance_
(i) the grantee or its successor attempts to transfer to
any other party title to or control over any portion of the
lands conveyed to such grantee under this section, except as
provided in subparagraph (A), or
(ii) such lands or any portion thereof are devoted to a use
inconsistent with this subsection.
(3) In case of occurrence of an event described in paragraph
(2)(B) of this subsection, the grantee of the relevant lands shall
be liable to pay to the Secretary of the Interior, on behalf of the
United States, the fair market value of all lands conveyed to such
grantee under this section, together with any improvements thereon,
as of the date of such occurrence. All sums paid to the Secretary
of the Interior under this paragraph shall be retained by the
Secretary and subject to appropriation, used for management of the
public lands pursuant to the Federal Land Policy and Management Act
of 1976.
SEC. 5. LAND TRANSFER TO CLEAR CREEK COUNTY, COLORADO.
(a) In General._Subject to subsection (b), section 6, and valid
existing rights, the Secretary shall transfer, without consideration,
all right, title, and interest, both surface and subsurface, of the
United States in and to the approximately 7,400 acres of public lands
described as ``Parts III Lands'' on the map referred to in section 2,
along with any public lands on that map within the corporate boundaries
of the towns of Georgetown or Silver Plume, Colorado as of January 1,
1993 to Clear Creek County, Colorado (hereinafter in this section
referred to as the ``County'').
(b) Terms and Conditions._The lands referred to in subsection (a)
may not be transferred to the County until_
(1) it is shown to the satisfaction of the Secretary that the
county has adopted comprehensive land use plans and zoning
regulations applicable to the area in which the lands are located;
(2) the Secretary finds that such plans and regulations are
consistent with proper management of any adjacent lands owned by
the United States; and
(3)(A) the Secretary and the County have reached an agreement_
(i) concerning the steps, including but not limited to the
use of appraisals (and the methodology thereof) and the use of
competitive bids or other sales methods, that the County will
take to ensure that so far as possible any sales of the lands
by the County will be for fair market value; and
(ii) under which the County will provide the Secretary with
an annual accounting of all receipts and expenditures with
regard to such lands after their transfer to the County, and
that on the date that is 10 years after the date of enactment
of this Act, or at such earlier date as the County may elect,
the County will pay to the United States an amount the
Secretary determines to be equal to the PCounty's total net
receipts from the sale of some or all of such lands;
and, in addition,
(B) the Secretary has also agreed that in determining the
amounts to be paid by the County pursuant to this paragraph, the
Secretary will allow the County to deduct from the gross receipts
from the sale of the lands all ordinary and necessary costs
incurred by the County, including_
(i) expenses for necessary surveying, mapping, and other
site characterization, and appraisals;
(ii) historical preservation and environmental protection;
and
(iii) reasonable overhead, including staffing and
administrative costs.
(c) Unsold Lands._(1) The County may transfer some or all of the
lands referred to in subsection (a) to an entity that would be a
qualified grantee under section 2(a) or 2(c) of the Recreation and
Public Purposes Act (43 U.S.C. 869-1 (a), (c)). Any lands so
transferred shall be held by the recipient thereof under the same terms
and conditions as if transferred by the United States under such Act,
except that such terms and conditions shall also apply to the mineral
estate in such lands.
(2) Any of the lands referred to in subsection (a) which remain in
County ownership on the date 10 years after the date of enactment of
this Act, or regarding which the County has prior to such date notified
the Secretary that the County intends to retain ownership, shall be
retained by the County under the same terms and conditions as if
transferred to the County on such date or on the date of such
notification (whichever first occurs) by the United States under the
Recreation and Public Purposes Act, except that such terms and
conditions shall also apply to the mineral estate in such lands.
SEC. 6. MINERALS.
(a) Withdrawal From Mineral Entry._Subject to valid existing
rights, the public lands referred to in sections 4 and 5 are hereby
withdrawn from all forms of entry under the general mining laws and
mineral leasing laws of the United States and shall not be_
(1) open to the location of mining and mill site claims under
the general mining laws of the United States;
(2) subject to any lease under the Mineral Leasing Act (30
U.S.C. 181 and following) or the Geothermal Steam Act of 1970 (30
U.S.C. 100 and following); or
(3) available for disposal of mineral materials under the Act
of July 31, 1947, commonly known as the Materials Act of 1947 (30
U.S.C. 601 and following).
(b) Limitation on Patent Issuance._Subject to valid existing
rights, no patent shall be issued after the date of enactment of this
Act for any mining or mill site claim located under the gen- eral
mining laws within the public lands referred to in sections 4 and 5.
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) Inspections._Notwithstanding any other provision of law,
neither the Secretary nor any other officer or agent of the United
States shall be required to inspect any of the public lands described
in this Act or to inform Clear Creek County or any member of the public
regarding the condition of such lands with regard to the presence or
absence of any hazardous substances or otherwise.
(b) Liability._Notwithstanding any other provision of law, the
United States shall have no responsibility or liability with respect to
any hazardous wastes or other substances placed on any of the lands
covered by this Act after their transfer to the ownership of another
party, but nothing in this Act shall be construed as either diminishing
or increasing any responsibility or liability of the United States
based on the condition of such lands on the date of their transfer to
the ownership of another party.
(c) Accounting._For purposes of the distribution of receipts, any
funds paid to the United States by the County pursuant to an agreement
described in section 5(b)(3) shall be deemed to be receipts from the
sale of public lands, but shall be specifically accounted for in
documents submitted to justify proposed appropriations for the Bureau
of Land Management.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Clear Creek County, Colorado, Public Lands Transfer Act of 1993 - Directs the Secretary of the Interior to transfer certain public lands in Clear Creek County, Colorado, to the Secretary of Agriculture, the State of Colorado, and certain local governments (Clear Creek County and the towns of Silver Plume and Georgetown).
Modifies the boundaries of the Arapaho National Forest, Colorado, to include certain lands conveyed to the Secretary of Agriculture.
Withdraws the public lands transferred to Colorado and the local governments from U.S. mining and mineral leasing laws.
Requires the consent of the Secretary before the grantee or its successor can transfer the title of such conveyed lands. Makes the grantee liable to the Secretary for the fair market value of such conveyed lands if such lands are devoted to a use inconsistent with limitations under this Act or transferred to another party.
Relieves: (1) the Secretary from being required to inspect any public lands described in this Act or to inform Clear Creek County or any member of the public regarding the condition of such lands with respect to the presence or absence of hazardous substances or otherwise; and (2) the United States from liability regarding hazardous wastes or substances placed on such lands after their transfer to the ownership of another party. | {"src": "billsum_train", "title": "Clear Creek County, Colorado, Public Lands Transfer Act of 1993"} | 2,580 | 278 | 0.589578 | 1.788757 | 0.780543 | 4.347107 | 9.909091 | 0.92562 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood Insurance Market Parity and
Modernization Act''.
SEC. 2. PRIVATE FLOOD INSURANCE.
(a) Mandatory Purchase Requirement.--
(1) Amount and term of coverage.--Section 102 of the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4012a) is amended by
striking ``Sec. 102. (a)'' and all that follows through the end
of subsection (a) and inserting the following:
``Sec. 102. (a) Amount and Term of Coverage.--After the expiration
of sixty days following the date of enactment of this Act, no Federal
officer or agency shall approve any financial assistance for
acquisition or construction purposes for use in any area that has been
identified by the Administrator as an area having special flood hazards
and in which the sale of flood insurance has been made available under
the National Flood Insurance Act of 1968, unless the building or mobile
home and any personal property to which such financial assistance
relates is covered by flood insurance: Provided, That the amount of
flood insurance (1) in the case of Federal flood insurance, is at least
equal to the development or project cost of the building, mobile home,
or personal property (less estimated land cost), the outstanding
principal balance of the loan, or the maximum limit of Federal flood
insurance coverage made available with respect to the particular type
of property, whichever is less; or (2) in the case of private flood
insurance, is at least equal to the development or project cost of the
building, mobile home, or personal property (less estimated land cost),
the outstanding principal balance of the loan, or the maximum limit of
Federal flood insurance coverage made available with respect to the
particular type of property, whichever is less: Provided further, That
if the financial assistance provided is in the form of a loan or an
insurance or guaranty of a loan, the amount of flood insurance required
need not exceed the outstanding principal balance of the loan and need
not be required beyond the term of the loan. The requirement of
maintaining flood insurance shall apply during the life of the
property, regardless of transfer of ownership of such property.''.
(2) Requirement for mortgage loans.--Subsection (b) of
section 102 of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4012a(b)) is amended--
(A) by striking the subsection designation and all
that follows through the end of paragraph (5) and
inserting the following:
``(b) Requirement for Mortgage Loans.--
``(1) Regulated lending institutions.--Each Federal entity
for lending regulation (after consultation and coordination
with the Financial Institutions Examination Council established
under the Federal Financial Institutions Examination Council
Act of 1974) shall by regulation direct regulated lending
institutions not to make, increase, extend, or renew any loan
secured by improved real estate or a mobile home located or to
be located in an area that has been identified by the
Administrator as an area having special flood hazards and in
which flood insurance has been made available under the
National Flood Insurance Act of 1968, unless the building or
mobile home and any personal property securing such loan is
covered for the term of the loan by flood insurance: Provided,
That the amount of flood insurance (A) in the case of Federal
flood insurance, is at least equal to the outstanding principal
balance of the loan or the maximum limit of Federal flood
insurance coverage made available with respect to the
particular type of property, whichever is less; or (B) in the
case of private flood insurance, is at least equal to the
outstanding principal balance of the loan or the maximum limit
of Federal flood insurance coverage made available with respect
to the particular type of property, whichever is less.
``(2) Federal agency lenders.--
``(A) In general.--A Federal agency lender may not
make, increase, extend, or renew any loan secured by
improved real estate or a mobile home located or to be
located in an area that has been identified by the
Administrator as an area having special flood hazards
and in which flood insurance has been made available
under the National Flood Insurance Act of 1968, unless
the building or mobile home and any personal property
securing such loan is covered for the term of the loan
by flood insurance in accordance with paragraph (1).
Each Federal agency lender may issue any regulations
necessary to carry out this paragraph. Such regulations
shall be consistent with and substantially identical to
the regulations issued under paragraph (1).
``(B) Requirement to accept flood insurance.--Each
Federal agency lender shall accept flood insurance as
satisfaction of the flood insurance coverage
requirement under subparagraph (A) if the flood
insurance coverage meets the requirements for coverage
under that subparagraph.
``(3) Government-sponsored enterprises for housing.--The
Federal National Mortgage Association and the Federal Home Loan
Mortgage Corporation shall implement procedures reasonably
designed to ensure that, for any loan that is--
``(A) secured by improved real estate or a mobile
home located in an area that has been identified, at
the time of the origination of the loan or at any time
during the term of the loan, by the Administrator as an
area having special flood hazards and in which flood
insurance is available under the National Flood
Insurance Act of 1968, and
``(B) purchased or guaranteed by such entity,
the building or mobile home and any personal property securing
the loan is covered for the term of the loan by flood insurance
in the amount provided in paragraph (1). The Federal National
Mortgage Association and the Federal Home Loan Mortgage
Corporation shall accept flood insurance as satisfaction of the
flood insurance coverage requirement under paragraph (1) if the
flood insurance coverage provided meets the requirements for
coverage under that paragraph and any requirements established
by the Federal National Mortgage Association or the Federal
Home Loan Corporation, respectively, relating to the financial
strength of private insurance companies from which the Federal
National Mortgage Association or the Federal Home Loan Mortgage
Corporation will accept private flood insurance, provided that
such requirements shall not affect or conflict with any State
law, regulation, or procedure concerning the regulation of the
business of insurance.
``(4) Applicability.--
``(A) Existing coverage.--Except as provided in
subparagraph (B), paragraph (1) shall apply on the date
of enactment of the Riegle Community Development and
Regulatory Improvement Act of 1994.
``(B) New coverage.--Paragraphs (2) and (3) shall
apply only with respect to any loan made, increased,
extended, or renewed after the expiration of the 1-year
period beginning on the date of enactment of the Riegle
Community Development and Regulatory Improvement Act of
1994. Paragraph (1) shall apply with respect to any
loan made, increased, extended, or renewed by any
lender supervised by the Farm Credit Administration
only after the expiration of the period under this
subparagraph.
``(C) Continued effect of regulations.--
Notwithstanding any other provision of this subsection,
the regulations to carry out paragraph (1), as in
effect immediately before the date of enactment of the
Riegle Community Development and Regulatory Improvement
Act of 1994, shall continue to apply until the
regulations issued to carry out paragraph (1) as
amended by section 522(a) of such Act take effect.
``(5) Rule of construction.--Except as otherwise specified,
any reference to flood insurance in this section shall be
considered to include Federal flood insurance and private flood
insurance. Nothing in this subsection shall be construed to
supersede or limit the authority of a Federal entity for
lending regulation, the Federal Housing Finance Agency, a
Federal agency lender, the Federal National Mortgage
Association, or the Federal Home Loan Mortgage Corporation to
establish requirements relating to the financial strength of
private insurance companies from which the entity or agency
will accept private flood insurance, provided that such
requirements shall not affect or conflict with any State law,
regulation, or procedure concerning the regulation of the
business of insurance.''; and
(B) by striking paragraph (7) and inserting the
following new paragraph:
``(7) Definitions.--In this section:
``(A) Flood insurance.--The term `flood insurance'
means--
``(i) Federal flood insurance; and
``(ii) private flood insurance.
``(B) Federal flood insurance.--the term `Federal
flood insurance' means an insurance policy made
available under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.).
``(C) Private flood insurance.--The term `private
flood insurance' means an insurance policy that--
``(i) is issued by an insurance company
that is--
``(I) licensed, admitted, or
otherwise approved to engage in the
business of insurance in the State in
which the insured building is located,
by the insurance regulator of that
State; or
``(II) eligible as a nonadmitted
insurer to provide insurance in the
home State of the insured, in
accordance with sections 521 through
527 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (15
U.S.C. 8201 through 8206);
``(ii) is issued by an insurance company
that is not otherwise disapproved as a surplus
lines insurer by the insurance regulator of the
State in which the property to be insured is
located; and
``(iii) provides flood insurance coverage
that complies with the laws and regulations of
that State.
``(D) State.--The term `State' means any State of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Northern Mariana
Islands, the Virgin Islands, and American Samoa.''.
(b) Effect of Private Flood Insurance Coverage on Continuous
Coverage Requirements.--Section 1308 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015) is amended by adding at the end the
following:
``(n) Effect of Private Flood Insurance Coverage on Continuous
Coverage Requirements.--For purposes of applying any statutory,
regulatory, or administrative continuous coverage requirement,
including under section 1307(g)(1), the Administrator shall consider
any period during which a property was continuously covered by private
flood insurance (as defined in section 102(b)(7) of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4012a(b)(7))) to be a period of
continuous coverage.''.
Passed the House of Representatives April 28, 2016.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on June 25, 2015. Flood Insurance Market Parity and Modernization Act (Sec. 2) This bill amends the Flood Disaster Protection Act of 1973 to make technical amendments without substantive change to requirements for flood insurance under either the federal program or private flood insurance. (Under current law, any building, mobile home or personal property that would be financed by a federally-backed mortgage must have flood insurance if the property is located in an area designated as a special flood hazard.) As under current law, the amount of mandatory flood insurance shall be, for either federal or private flood insurance, equal to the development or project cost of the building, mobile home, or personal property (less estimated land cost), the outstanding principal balance of the loan, or the maximum limit of federal flood insurance coverage available for the particular type of property, whichever is less. The bill revises without substantive change the flood insurance requirements that apply to home loans or loan guarantees by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac). This revision does specify, however, that any requirements established by Fannie Mae or Freddie Mac relating to the financial strength of private insurance companies from which they will accept private flood insurance must not affect or conflict with any state law, regulation, or procedure concerning the regulation of the business of insurance. Private flood insurance shall include, in addition to a policy issued by a company licensed, admitted, or otherwise approved by the state (as in current law), any policy issued by an insurance company eligible as a nonadmitted insurer to provide flood insurance in the state or jurisdiction where the property to be insured is located. The bill specifies that the federal flood insurance program, with respect to both private and federal flood insurance, extends to Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa. FEMA must consider any period during which a property was continuously covered by private flood insurance to be a period of continuous insurance coverage. | {"src": "billsum_train", "title": "Flood Insurance Market Parity and Modernization Act"} | 2,291 | 441 | 0.638126 | 1.996535 | 0.776185 | 4.344743 | 5.344743 | 0.848411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Investment Demonstration
Act of 1993''.
SEC. 2. SECTION 8 COMMUNITY INVESTMENT DEMONSTRATION PROGRAM.
(a) Authority.--Using amounts available pursuant to section
5(c)(7)(B)(ii) of the United States Housing Act of 1937, the Secretary
of Housing and Urban Development (in this section referred to as the
``Secretary'') shall carry out a demonstration program to provide
project-based rental assistance under section 8 of such Act on behalf
of low-income families residing in housing that is constructed,
rehabilitated, or acquired pursuant to a loan or other financing from
an eligible pension fund. Notwithstanding section 514(d) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(d)),
nothing in this section shall be construed to authorize any action or
failure to act that would otherwise constitute a violation of such Act
with respect to an eligible pension fund.
(b) Contract Terms.--Assistance provided under the demonstration
under this section with respect to eligible housing--
(1) shall be project-based assistance that is attached to
the eligible housing; and
(2) shall be provided pursuant to a contract entered into
by the Secretary and the owner of the eligible housing that--
(A) provides such assistance for a term of not less
than 60 months and not more than 180 months; and
(B) provides that the contract rents for dwelling
units in the eligible housing shall be determined by
the Secretary taking into consideration any costs for
construction, rehabilitation, or acquisition of the
housing, except that such contract rent may not exceed
the contract rent permitted pursuant to section 8 of
the United States Housing Act of 1937.
(c) Eligible Housing.--The Secretary may enter into a commitment to
provide assistance pursuant to this section with respect to a housing
project only if--
(1) the housing is--
(A) a multifamily housing project owned by the
Secretary or subject to a mortgage held by the
Secretary that is delinquent, under a workout
agreement, or being foreclosed upon by the Secretary;
(B) designated by the Secretary under section 24(b)
of the United States Housing Act of 1937 as a severely
distressed public housing project;
(C) a multifamily housing project eligible for
assistance for troubled projects under section 201 of
the Housing and Community Development Amendments of
1978;
(D) a multifamily housing project located in a
empowerment zone or enterprise community designated
pursuant to Federal law; or
(E) any other multifamily housing project,
including a project to be occupied by homeless persons
(as such term is defined in section 103 of the Stewart
B. McKinney Homeless Assistance Act) or homeless
families;
(2) the Secretary determines that the owner of the housing
has obtained commitments, satisfactory in the determination of
the Secretary, for financing for the construction, acquisition,
or rehabilitation of the housing from an eligible pension fund;
(3) the mortgage for the housing meets standards regarding
securitization and such additional standards regarding
financing as the Secretary may establish;
(4) in the case of any housing that is to be constructed,
the Secretary determines that the owner of the housing has
provided reasonable assurances to the Secretary that the owner
will own or have control of a site for the housing (which may
be a suitable site different from the site specified in the
application under subsection (d)) not later than 12 months
after notification of the award of assistance under this
section;
(5) the housing and any work done with respect to the
housing will comply with any applicable environmental laws or
regulations;
(6) the construction, rehabilitation, or acquisition of the
housing is not inconsistent with the approved comprehensive
housing affordability strategy under title I of the Cranston-
Gonzalez National Affordable Housing Act for the jurisdiction
in which the housing is located; and
(7) the housing complies with any other requirements
established by the Secretary to carry out the demonstration
under this section.
(d) Applications.--The Secretary shall provide for the owners of
eligible housing, together with the eligible pension funds providing
financing for the housing, to jointly submit applications for
assistance under this section. An application shall include a
description of the housing to be constructed, rehabilitated, or
acquired, the location of the housing (or the site for the construction
of the housing), the terms of the financing by the eligible pension
fund, a request for a specific amount of assistance under this section
for a specific term, and such other information as the Secretary may
require.
(e) Selection and Determination of Assistance.--
(1) In general.--The Secretary shall select eligible
housing for assistance under this section from among
applications submitted pursuant to subsection (d) and, subject
to the provisions of this section, shall determine the amount
of assistance to be provided for selected housing that is
appropriate to maintain the affordability and feasibility of
the housing.
(2) Limitation.--Of any amounts made available for the
demonstration under this section pursuant to the amendment made
by subsection (l) of this section, during the 6-month period
beginning on the date that such amounts first are made
available by the Secretary for assistance under this section,
the Secretary may not provide (or make any commitment to
provide) more than 50 percent of such amounts for assistance
for eligible housing financed by any single eligible pension
fund.
(f) Relation to PHA Project-Based Limit.--Project-based assistance
provided under this section shall not be considered for purposes of any
percentage limitation under section 8(d)(2)(A) or (B) of the United
States Housing Act of 1937 regarding the amount of assistance under
such section that may be attached to the structure.
(g) Use in Property Disposition Program.--
(1) Authority.--Notwithstanding any provision of section
203 of the Housing and Community Development Amendments of
1978, assistance provided in connection with the disposition of
a multifamily housing project under such section 203 may have a
contract term of less than 15 years if such assistance is
provided (A) under a contract under the demonstration under
this section, and (B) pursuant to a disposition plan under such
section 203 for the project that is approved under such section
by the Secretary as otherwise in compliance with the
requirements of such section.
(2) Allocation.--Of the amounts made available in each
fiscal year for assistance under the demonstration under this
section, a significant amount may be used in connection with
the disposition under section 203 of the Housing and Community
Development Amendments of 1978 of eligible housing.
(h) Reports.--
(1) GAO.--The Comptroller General of the United States
shall submit to the Congress reports under this paragraph
evaluating the effectiveness of the demonstration under this
section. Such reports shall be submitted not later than the
expiration of the 2-year period beginning on the date of the
enactment of this section and not later than the expiration of
the 6-month period beginning upon the termination date under
subsection (k).
(2) Secretary.--The Secretary shall submit an annual report
to the Congress for each fiscal year in which the Secretary
provides assistance pursuant to contracts entered into under
this section. The reports shall summarize the activities
carried out under this section, describe the housing assisted
and the amounts of assistance provided, and include any
findings and recommendations of the Secretary as a result of
the demonstration under this section. Each such report shall be
submitted not later than the expiration of the 3-month period
beginning upon the conclusion of the fiscal year for which the
report is made.
(i) Definitions.--For purposes of this section:
(1) The term ``eligible housing'' means housing for which
the requirements under subsection (c) have been met.
(2) The term ``eligible pension fund'' means any--
(A) trust, fund, plan, or other program established
or maintained by any employer or other person for the
purpose of providing income or benefits to employees
after the termination of employment or deferring income
by employees until after the termination of employment,
or
(B) other entity that invests principally the
amounts of any trust, fund, plan, or other program
referred to in subparagraph (A),
that the Secretary considers appropriate for purposes of this
section.
(j) Regulations.--The Secretary shall issue any final regulations
necessary to carry out this section not later than the expiration of
the 45-day period beginning on the date of the enactment of this
section.
(k) Termination Date.--The Secretary may not enter into any new
commitment to provide assistance under this section after September 30,
1998.
(l) Funding.--Section 5(c)(7)(B)(ii) of the United States Housing
Act of 1937 (42 U.S.C. 1437c(c)(7)(B)(ii)) is amended by inserting
after ``8(i)(2);'' the following: ``and of which not more than
$100,000,000 shall be available for the community investment
demonstration program under section 5 of the Homeless and Community
Development Amendments Act of 1993;''.
Passed the House of Representatives August 2, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Community Investment Demonstration Act of 1993 - Directs the Secretary of Housing and Urban Development to carry out a community investment demonstration program through FY 1998 to provide project-based rental assistance (under section 8 of the United States Housing Act of 1937) on behalf of low-income families in specified housing that is constructed, rehabilitated, or acquired pursuant to a loan or other financing from an eligible pension fund. Prohibits for the first six months any single pension fund from receiving more than half the authorized assistance. Requires the General Accounting Office to evaluate the program's effectiveness. Obligates specified funds for the program from section 8 amounts under the United States Housing Act of 1937. | {"src": "billsum_train", "title": "Community Investment Demonstration Act of 1993"} | 1,984 | 149 | 0.607886 | 1.696277 | 0.809497 | 3.866142 | 14.755906 | 0.889764 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Tax Prevention Act of 2011''.
SEC. 2. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.
Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended
by adding at the end the following:
``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.
``(a) Definition.--In this section, the term `greenhouse gas' means
any of the following:
``(1) Water vapor.
``(2) Carbon dioxide.
``(3) Methane.
``(4) Nitrous oxide.
``(5) Sulfur hexafluoride.
``(6) Hydrofluorocarbons.
``(7) Perfluorocarbons.
``(8) Any other substance subject to, or proposed to be
subject to, regulation, action, or consideration under this Act
to address climate change.
``(b) Limitation on Agency Action.--
``(1) Limitation.--
``(A) In general.--The Administrator may not, under
this Act, promulgate any regulation concerning, take
action relating to, or take into consideration the
emission of a greenhouse gas to address climate change.
``(B) Air pollutant definition.--The definition of
the term `air pollutant' in section 302(g) does not
include a greenhouse gas. Notwithstanding the previous
sentence, such definition may include a greenhouse gas
for purposes of addressing concerns other than climate
change.
``(2) Exceptions.--Paragraph (1) does not prohibit the
following:
``(A) Notwithstanding paragraph (4)(B),
implementation and enforcement of the rule entitled
`Light-Duty Vehicle Greenhouse Gas Emission Standards
and Corporate Average Fuel Economy Standards' (as
published at 75 Fed. Reg. 25324 (May 7, 2010) and
without further revision) and finalization,
implementation, enforcement, and revision of the
proposed rule entitled `Greenhouse Gas Emissions
Standards and Fuel Efficiency Standards for Medium- and
Heavy-Duty Engines and Vehicles' published at 75 Fed.
Reg. 74152 (November 30, 2010).
``(B) Implementation and enforcement of section
211(o).
``(C) Statutorily authorized Federal research,
development, demonstration programs and voluntary
programs addressing climate change.
``(D) Implementation and enforcement of title VI to
the extent such implementation or enforcement only
involves one or more class I substances or class II
substances (as such terms are defined in section 601).
``(E) Implementation and enforcement of section 821
(42 U.S.C. 7651k note) of Public Law 101-549 (commonly
referred to as the `Clean Air Act Amendments of 1990').
``(3) Inapplicability of provisions.--Nothing listed in
paragraph (2) shall cause a greenhouse gas to be subject to
part C of title I (relating to prevention of significant
deterioration of air quality) or considered an air pollutant
for purposes of title V (relating to permits).
``(4) Certain prior agency actions.--The following rules
and actions (including any supplement or revision to such rules
and actions) are repealed and shall have no legal effect:
``(A) `Mandatory Reporting of Greenhouse Gases',
published at 74 Fed. Reg. 56260 (October 30, 2009).
``(B) `Endangerment and Cause or Contribute
Findings for Greenhouse Gases Under Section 202(a) of
the Clean Air Act', published at 74 Fed. Reg. 66496
(December 15, 2009).
``(C) `Reconsideration of Interpretation of
Regulations That Determine Pollutants Covered by Clean
Air Act Permitting Programs', published at 75 Fed. Reg.
17004 (April 2, 2010) and the memorandum from Stephen
L. Johnson, Environmental Protection Agency (EPA)
Administrator, to EPA Regional Administrators,
concerning `EPA's Interpretation of Regulations that
Determine Pollutants Covered by Federal Prevention of
Significant Deterioration (PSD) Permit Program'
(December 18, 2008).
``(D) `Prevention of Significant Deterioration and
Title V Greenhouse Gas Tailoring Rule', published at 75
Fed. Reg. 31514 (June 3, 2010).
``(E) `Action To Ensure Authority To Issue Permits
Under the Prevention of Significant Deterioration
Program to Sources of Greenhouse Gas Emissions: Finding
of Substantial Inadequacy and SIP Call', published at
75 Fed. Reg. 77698 (December 13, 2010).
``(F) `Action To Ensure Authority To Issue Permits
Under the Prevention of Significant Deterioration
Program to Sources of Greenhouse Gas Emissions: Finding
of Failure To Submit State Implementation Plan
Revisions Required for Greenhouse Gases', published at
75 Fed. Reg. 81874 (December 29, 2010).
``(G) `Action to Ensure Authority To Issue Permits
Under the Prevention of Significant Deterioration
Program to Sources of Greenhouse Gas Emissions: Federal
Implementation Plan', published at 75 Fed. Reg. 82246
(December 30, 2010).
``(H) `Action to Ensure Authority to Implement
Title V Permitting Programs Under the Greenhouse Gas
Tailoring Rule', published at 75 Fed. Reg. 82254
(December 30, 2010).
``(I) `Determinations Concerning Need for Error
Correction, Partial Approval and Partial Disapproval,
and Federal Implementation Plan Regarding Texas
Prevention of Significant Deterioration Program',
published at 75 Fed. Reg. 82430 (December 30, 2010).
``(J) `Limitation of Approval of Prevention of
Significant Deterioration Provisions Concerning
Greenhouse Gas Emitting-Sources in State Implementation
Plans', published at 75 Fed. Reg. 82536 (December 30,
2010).
``(K) `Determinations Concerning Need for Error
Correction, Partial Approval and Partial Disapproval,
and Federal Implementation Plan Regarding Texas
Prevention of Significant Deterioration Program;
Proposed Rule', published at 75 Fed. Reg. 82365
(December 30, 2010).
``(L) Except for actions listed in paragraph (2),
any other Federal action under this Act occurring
before the date of enactment of this section that
applies a stationary source permitting requirement or
an emissions standard for a greenhouse gas to address
climate change.
``(5) State action.--
``(A) No limitation.--This section does not limit
or otherwise affect the authority of a State to adopt,
amend, enforce, or repeal State laws and regulations
pertaining to the emission of a greenhouse gas.
``(B) Exception.--
``(i) Rule.--Notwithstanding subparagraph
(A), any provision described in clause (ii)--
``(I) is not federally enforceable;
``(II) is not deemed to be a part
of Federal law; and
``(III) is deemed to be stricken
from the plan described in clause
(ii)(I) or the program or permit
described in clause (ii)(II), as
applicable.
``(ii) Provision defined.--For purposes of
clause (i), the term `provision' means any
provision that--
``(I) is contained in a State
implementation plan under section 110
and authorizes or requires a limitation
on, or imposes a permit requirement
for, the emission of a greenhouse gas
to address climate change; or
``(II) is part of an operating
permit program under title V, or a
permit issued pursuant to title V, and
authorizes or requires a limitation on
the emission of a greenhouse gas to
address climate change.
``(C) Action by administrator.--The Administrator
may not approve or make federally enforceable any
provision described in subparagraph (B)(ii).''.
SEC. 3. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES.
Section 209(b) of the Clean Air Act (42 U.S.C. 7543) is amended by
adding at the end the following:
``(4) With respect to standards for emissions of greenhouse gases
(as defined in section 330) for model year 2017 or any subsequent model
year new motor vehicles and new motor vehicle engines--
``(A) the Administrator may not waive application of
subsection (a); and
``(B) no waiver granted prior to the date of enactment of
this paragraph may be construed to waive the application of
subsection (a).''.
SEC. 4. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) there is established scientific concern over warming of
the climate system based upon evidence from observations of
increases in global average air and ocean temperatures,
widespread melting of snow and ice, and rising global average
sea level;
(2) addressing climate change is an international issue,
involving complex scientific and economic considerations;
(3) the United States has a role to play in resolving
global climate change matters on an international basis; and
(4) Congress should fulfill that role by developing
policies that do not adversely affect the American economy,
energy supplies, and employment.
Passed the House of Representatives April 7, 2011.
Attest:
KAREN L. HAAS,
Clerk. | Energy Tax Prevention Act of 2011 - Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas (GHG) to address climate change. Excludes GHGs from the definition of "air pollutant" for purposes of addressing climate change.
Exempts from such prohibition: (1) implementation and enforcement of the rule, "Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards" and finalization, implementation, enforcement, and revision of the proposed rule, "Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles"; (2) implementation of the renewable fuel program; (3) statutorily authorized federal research, development, and demonstration programs and voluntary programs addressing climate change; (4) implementation and enforcement of stratospheric ozone protection to the extent that such implementation or enforcement only involves class I or II substances; and (5) implementation and enforcement of requirements for monitoring and reporting of carbon dioxide emissions. Provides that none of such exemptions shall cause a GHG to be subject to regulations relating to prevention of significant deterioration of air quality or considered an air pollutant for purposes of air pollution prevention and control permits.
Repeals and makes ineffective the following rules and actions:
"Mandatory Reporting of Greenhouse Gases" "Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act" "Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs" and the memorandum, "EPA's Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program" "Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule" "Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Substantial Inadequacy and SIP Call" "Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Failure To Submit State Implementation Plan Revisions Required for Greenhouse Gases" "Action to Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Federal Implementation Plan" "Action to Ensure Authority to Implement Title V Permitting Programs Under the Greenhouse Gas Tailoring Rule" "Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program" "Limitation of Approval of Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in State Implementation Plans" "Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program; Proposed Rule" Any other federal action under such Act occurring before this Act's enactment that applies a stationary source permitting requirement or an emissions standard for a GHG to address climate change Prohibits the Administrator from waiving, and invalidates waivers given by the Administrator before the enactment of this Act, the ban on states from adopting or enforcing standards relating to the control of emissions from new motor vehicles or engines with respect to GHG emissions for model year 2017 or any subsequent model year.
Expresses the sense of Congress that: (1) there is established scientific concern over warming of the climate system; (2) addressing climate change is an international issue, involving complex scientific and economic considerations; and (3) the United States has a role to play in resolving global climate change matters on an international basis. Urges Congress to fulfill such role by developing policies that do not adversely affect the American economy, energy supplies, and employment. | {"src": "billsum_train", "title": "To amend the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas to address climate change, and for other purposes."} | 2,145 | 926 | 0.596394 | 1.734324 | 0.678897 | 4.879433 | 2.693617 | 0.904965 |
SEC. ____. COMPLETION OF THE NATURALIZATION PROCESS FOR CERTAIN
NATIONALS OF THE PHILIPPINES.
(a) In General.--Section 405 of the Immigration and Nationality Act
of 1990 (8 U.S.C. 1440 note) is amended--
(1) by striking subparagraph (B) of subsection (a)(1) and
inserting the following:
``(B) who--
``(i) is listed on the final roster
prepared by the Recovered Personnel Division of
the United States Army of those who served
honorably in an active duty status within the
Philippine Army during the World War II
occupation and liberation of the Philippines,
``(ii) is listed on the final roster
prepared by the Guerrilla Affairs Division of
the United States Army of those who received
recognition as having served honorably in an
active duty status within a recognized
guerrilla unit during the World War II
occupation and liberation of the Philippines,
or
``(iii) served honorably in an active duty
status within the Philippine Scouts or within
any other component of the United States Armed
Forces in the Far East (other than a component
described in clause (i) or (ii)) at any time
during the period beginning September 1, 1939,
and ending December 31, 1946;'';
(2) by adding at the end of subsection (a) the following
new paragraph:
``(3)(A) For purposes of the second sentence of section
329(a) and section 329(b)(3) of the Immigration and Nationality
Act, the executive department under which a person served shall
be--
``(i) in the case of an applicant claiming to have
served in the Philippine Army, the United States
Department of the Army;
``(ii) in the case of an applicant claiming to have
served in a recognized guerrilla unit, the United
States Department of the Army or, in the event the
Department of the Army has no record of military
service of such applicant, the General Headquarters of
the Armed Forces of the Philippines; or
``(iii) in the case of an applicant claiming to
have served in the Philippine Scouts or any other
component of the United States Armed Forces in the Far
East (other than a component described in clause (i) or
(ii)) at any time during the period beginning September
1, 1939, and ending December 31, 1946, the United
States executive department (or successor thereto) that
exercised supervision over such component.
``(B) An executive department specified in subparagraph (A)
may not make a determination under the second sentence of
section 329(a) with respect to the service or separation from
service of a person described in paragraph (1) except pursuant
to a request from the Service.''; and
(3) by adding at the end the following new subsection:
``(d) Implementation.--(1) Notwithstanding any other provision of
law, for purposes of the naturalization of natives of the Philippines
under this section--
``(A) the processing of applications for naturalization,
filed in accordance with the provisions of this section,
including necessary interviews, shall be conducted in the
Philippines by employees of the Service designated pursuant to
section 335(b) of the Immigration and Nationality Act; and
``(B) oaths of allegiance for applications for
naturalization under this section shall be administered in the
Philippines by employees of the Service designated pursuant to
section 335(b) of that Act.
``(2) Notwithstanding paragraph (1), applications for
naturalization, including necessary interviews, may continue to be
processed, and oaths of allegiance may continue to be taken in the
United States.''.
(b) Repeal.--Section 113 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1993
(8 U.S.C. 1440 note), is repealed.
(c) Effective Date; Termination Date.--
(1) Application to pending applications.--The amendment
made by subsection (a) shall apply to applications filed before
February 3, 1995.
(2) Termination date.--The authority provided by the
amendment made by subsection (a) shall expire February 3, 2001. | Amends the Immigration and Nationality Act of 1990 with respect to the naturalization of certain Philippine World War II veterans. | {"src": "billsum_train", "title": "A bill to provide for the completion of the naturalization process for certain nationals of the Philippines."} | 936 | 26 | 0.51017 | 1.142527 | -0.008901 | 2.904762 | 41 | 0.904762 |
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